CHU TIN-LOY AND ANOTHER v. THE QUEEN

CACC000606/1978

 

IN THE COURT OF APPEAL
	1978 No. 606
	(Criminal)

 

BETWEEN
	CHU Tin-loy	1st Appellant
	LAM Chor-hing (F)	2nd Appellant
	and
	THE QUEEN	Respondent

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Coram: Huggins, J.A., Leonard and Li, JJ.

Date of Judgment: 2nd November 1978.

 

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JUDGMENT

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Huggins, J.A. :

1. We now come to the appeals against sentence of both the 1st and the 2nd Appellants. The learned judge passed sentences of ten years' imprisonment on each of them. The amount of drugs in their possession was 2.269 kilogrammes of a mixture containing 1.444 kilogrammes of esters of morphine. We are of opinion that these sentences were in excess of the norm for this type of offence. We have been referred to two cases: Ng Chi-kin and Another, which is to be reported but has not yet been reported, and Chan Man-chiu v Reg. 1977 H.K.L.R. 555. The latter case was a big conspiracy case in which there were many defendants and which involved large quantities of drugs. The other case was more on a par with the present case as regards the amount of the drugs. There the appellants did not plead Guilty, as did the 1st Defendant in the present case, and the sentence of ten years' imprisonment was reduced to eight years and the sentence of three years' imprisonment on the wife in that case stood. In our view the proper sentence here on the 1st Appellant, who pleaded Guilty, was one of seven years' imprisonment. We cannot accept the submission that the 2nd Appellant ought to be treated as though she were a wife: there is no question here of marital duress. Nevertheless, we do think that having regard to the facts as proved there was room for some differentiation between her and the 1st Appellant, although she pleaded Not guilty. In our view the proper sentence on the 2nd Appellant is one of five years' imprisonment. The appeals will be allowed and those terms substituted.

  

2nd November 1978.

 

Representation: