NG KAM-BOR v. THE QUEEN
HTML content
CACC000928/1978
| IN THE COURT OF APPEAL | 1978 No. 928 |
| (Criminal) |
| BETWEEN | ||
| NG Kam-bor | Appellant | |
AND | ||
| THE QUEEN | Respondent |
-----------------
Coram: Roberts, C.J., Huggins and Pickering, JJ.A.
Date of Judgment: 28 May 1979
-----------------
JUDGMENT
-----------------
Huggins, J.A.:
1. The Appellant was charged with possession of dangerous drugs for the purpose of unlawful trafficking. He pleaded Not guilty and was convicted after a trial. He filed Notice of Appeal against conviction and sentence but has abandoned his appeal against conviction. The sentence imposed upon him was one of four and a half years' imprisonment and it is submitted on his behalf that this is out of line with the sentences which have been passed in similar cases in the recent past. The amount of drugs involved here was 107.6 grammes of a mixture containing 11.4 grammes of salts of esters of morphine. We have been referred to three cases. One was in 1976 where the amount was identical and the defendant had six previous convictions. There a sentence of five years' imprisonment was reduced by this court to three and a half years. Counsel submits that three and a half years is the sentence which is appropriate in cases of this kind subject only to one further contention he has that the Appellant in this case has a very good probation report and he suggests that something less might be appropriate here. The other two cases cited were more recent - in 1978. Both related to smaller amounts of drugs: both to more mature men. One man had previous convictions: the other had a clear record.
2. We agree, as does counsel for the Crown, that this sentence was certainly on the high side. We have been in some doubt whether it would be appropriate to interfere on the ground that it is so high as to justify interference. However, after consideration we have come to the conclusion that it is too high and that the appeal should be allowed and the sentence reduced to one of three and a half years' imprisonment. The order will be accordingly.
28th May 1979.