THE QUEEN v. KU LAI KIN

CACC000451/1989

IN THE COURT OF APPEAL

1989, No. 451 (Criminal)

BETWEEN

	THE QUEEN
	AND
	KU LAI KIN

-------

Coram: Fuad, V.-P. & Penlington, J.A.

Date of Hearing: 16 February 1990

Date of Judgment: 16 February 1990

-----------------

JUDGMENT

-----------------

 

Fuad, V.-P. (giving the judgment of the Court) :

1. The applicant was sentenced to 4 years' imprisonment on 22nd August last year by His Honour Judge Caird in the District Court after pleading guilty to a charge of possessing dangerous drugs for the purpose of unlawful trafficking.

2. Acting on information, on 8th April last year, the police intercepted the applicant walking near Shatin Pass Road at about noon. When they searched the applicant they found, in a can he was holding, 15 sealed polythene bags of white powder. The white powder turned out, upon analysis, to be dangerous drugs - 102.65 grammes of a mixture containing 6.84 grammes of salts of esters of morphine.

3. In giving his reasons for the sentence he imposed, the trial judge indicated that he had applied the appropriate tariff with a reduction for the plea of guilty. The applicant had 12 previous convictions related to dangerous drugs. It cannot be said that the sentence was too severe in all the circumstances and, therefore, the application is refused.

Representation:

Ku Lai Kin - Applicant in person

Mr. C. Coghlan (Crown Prosecutor) for the Crown/Respondent