THE QUEEN v. LEE YIU CHUNG
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HCMA000713/1986
| IN THE COURT OF APPEAL | 1986, No. 713 (Magistracy) |
BETWEEN
THE QUEEN
and
LEE YIU-CHUNG |
__________________
Coram: Sir Alan Huggins, V.-P., Macdougall & Mayo, JJ.
Date of Hearing: 29th August 1986
Date of Judgment: 29th August 1986
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JUDGMENT
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Sir Alan Huggins, V.-P.:
1. This is an appeal from a sentence imposed by a magistrate. It has been referred to this court by Hopkinson, J.
2. The charge was one of possession of dangerous drugs, the drugs being six tablets of methaqualone, the total weight of the drug itself being 1.3 grammes. The learned magistrate imposed a sentence of nine months' imprisonment and it is submitted that that is manifestly excessive.
3. We have been asked to lay down a tariff for this type of offence. There is authority for saying that offences of possession of methaqualone should be treated as equivalent to offences of possession of cannabis, and we see no reason to disagree with that view. Beyond that we are not disposed in the present case to lay down any tariff.
As to the particular offence we are satisfied that the sentence was unnecessarily high and we think that justice will be done if we pass such sentence of imprisonment as will allow the appellant's immediate discharge.
29th August 1986
Representation:
P. Dinan for Appellant.
A. Bruce for Crown.