FONG KA-WING v. THE QUEEN

CACC000069/1978

IN THE COURT OF APPEAL
on appeal from the District Court
	1978 No. 69
	(Criminal)

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BETWEEN
	FONG KA-WING	Appellant
	and
	THE QUEEN	Respondent

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Coram: Briggs, C.J., Huggins & Pickering, JJ.A.

Date of Judgment: 22nd May, 1978.

 

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JUDGMENT

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Pickering, J.A.:

1. The Appellant was charged with possession of dangerous drugs for the purpose of unlawful trafficking to which charge he pleaded guilty and was sentenced to three years' imprisonment against which sentence he now appeals.

2. The charge originally specified the dangerous drug involved as heroin but, for a reason which is not apparent, at the trial the Crown applied for deletion of the word "heroin" and insertion of the words "morphine and opium". This we find surprising because the Government Chemist's Certificate relating to a number of implements and garments which were seized, states that in regard to certain of these items salts of esters of morphine (which is commonly called heroin) were found to be contained in or adhering to them. However what was done was done and the Appellant faced no charge of possession of salts of esters of morphine for trafficking but only opium and morphine. It is notable that the Government Chemist's Certificate contains no reference to morphine as opposed to salts of esters of morphine or heroin and this part of the charge was never made out despite the plea of guilty. In the result what was proved was possession of approximately 40 grammes of opium for the purpose of trafficking and, as Mr. Gall for the Crown agreed, a sentence of three years' imprisonment for this quantity of this particular drug was well above the tariff.

3. It was for this reason that we allowed the application, set aside the sentence of three years' imprisonment and substituted a sentence of one year's imprisonment. 

 

Representation:

Appellant in person.

T.M. Gall for Crown/respondent.