THE QUEEN v. SIU YUN-SANG
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CACC000052/1983
| IN THE COURT OF APPEAL | 1983, No. 52 (Criminal) |
BETWEEN
THE QUEEN | Respondent | |
| and | ||
| SIU YUN-SANG | Appellant | |
| ---------- |
Coram : Sir Alan Huggins, V.-P., Yang & Barker, JJ.A.
Date : 22nd July 1983
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JUDGMENT
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Sir Alan Huggins, V.-P. :
1. This is an application for leave to appeal against a sentence of three years' imprisonment for possession of a dangerous drug. The Appellant was originally charged with possession for the purpose of unlawful trafficking but after a trial the judge came to the conclusion that the presumption of possession for trafficking was rebutted and convicted of the latter offence.
2. The quantity of drugs concerned was 51.46 grammes of a mixture containing 15.19 grammes of salts of esters of morphine. Three years' imprisonment was, as Mr. Corrigan points out, the maximum which could be imposed under s.8. He says that no issue was ever raised by the Appellant as to his possession of the drugs and that the whole case was fought as to the purpose for which the possession existed. Again, Mr. Corrigan concedes that this is a case where a custodial sentence is inevitable. The Appellant is 50 years of age. He has one previous conviction for possession for the purpose of unlawful trafficking, for which he was sentenced to 12 months' imprisonment.
3. In our view this sentence was manifestly excessive. We grant leave to appeal. We allow the appeal and reduce the sentence to one of 18 months' imprisonment.
22nd July 1983