THE QUEEN v. LO CHI MAN

CACC000382/1986

IN THE COURT OF APPEAL

1986 No. 382 (Criminal)

BETWEEN

THE QUEEN   and   LO Chi-man

Coram: Yang, J.A., Silke, J.A. and Kempster, J.A.

Date of Hearing: 11th November 1986

Date of Judgment: 11th November 1986

 

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JUDGMENT

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Kempster, J.A.:

1. On 18th July this year Lo Chi-man appeared before Deputy Judge Forrest at Victoria District Court upon a number of charges. We are concerned only with the charge of possessing dangerous drugs for the purpose of unlawful trafficking in relation to which he was convicted and against which conviction he has sought leave to appeal. But this morning he told us that he does not wish to pursue this application which, therefore, is dismissed.

2. In relation to the sentence of 5 years passed upon him for the offence and against which his application for leave to appeal stands. Mrs. Yew, on his behalf, has pointed out that the judge apparently attached some significance to the fact that when he was apprehended on 23rd April of this year and found to be in possession of 35 packets containing nearly 29 grammes of a mixture containing heroin he was within the precincts of a methodone treatment centre.

3. This applicant has a shocking record in the context of drugs and would appear to have been an addict for over 10 years. However, his last conviction for trafficking was in May 1975 and there is no firm evidence, though there may be ground for suspicion, that he regarded the patients, if they are properly so to be described, at the methodone clinic as likely potential purchasers of his packets of heroin mixture.

4. We are disposed to approach this sentence from the point of view of general guide-lines and having regard to the quantity of the mixture found, the sentence of 5 years cannot be appropriate. Taking into account the applicants criminal record we think a sentence of 3 years is and was appropriate. Accordingly we allow this application for leave to appeal against sentence, treat this is as the hearing of the appeal and reduce the sentence from 5 to 3 years.

(M. Kempster) Justice of Appeal

Representation:

Mrs. Lily Yew (D.L.A.) for Applicant (re: sentence only)

Lo Chi Man, Applicant in person

Lugar-Mawson for Crown/Respondent