AU YEUNG YING-LEUNG v. THE QUEEN

CACC000487/1978

IN THE SUPREME COURT	Criminal Appeal
	1978 No. 487

BETWEEN:
	AU YEUNG YING-LEUNG	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 8th July, 1978.

 

-----------------

JUDGMENT

-----------------

 

1. The appellant was found guilty of trafficking in dangerous drugs and sentenced to three years' imprisonment. He appealed against his conviction and sentence.

2. The police, acting upon information, marked some notes and there was a sale of one packet of dangerous drugs containing 0.1 gramme of heroin. The appellant was the seller and a plain clothes police officer was the buyer.

3. There was ample evidence upon which to found a conviction and I dismissed the appeal against conviction. However, the appellant, as I have said, was sentenced to three years' imprisonment. This was done because the magistrate was under the impression that the normal sentence for a single sale of a very small quantity of heroin is in the region of three years. This was not so. The normal range of sentence for such an offence is between eighteen months and two years.

4. In the event, I allowed the appeal against sentence to the extent that it is reduced from three years to eighteen months.

 

 

	(Geoffrey Briggs)
	Chief Justice.

 

Representation:

Kumar Ramanathan (D.L.A.) for appellant

Alderdice for crown/respondent