R. v. YAU HUNG YU
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HCMA001506/1994
MAGISTRACY APPEAL NO.1506 OF 1994
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
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| BETWEEN | ||
| THE QUEEN | Respondent | |
| AND | ||
| YAU HUNG YU | Appellant |
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Coram : Hon Ryan, J. in Court
Date of hearing : 16 February 1995
Date of delivery of judgment : 16 February 1995
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J U D G M E N T
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1. The appellant was convicted on a plea of guilty to a charge of trafficking in a dangerous drug. The narcotic content of the mixture being 0.16 grammes.
2. The magistrate took as a starting point for sentence 3 years' imprisonment and after taking into account the guilty plea and other factors imposed a sentence of 2 years and 3 months' imprisonment. The Crown conceded that this was wrong in that Lau Tak Ming provides, in respect of a trafficking offence, after trial, for imprisonment of 2 to 5 years where the narcotic is less than 10 grammes. Given the small amount of narcotic the starting point, after trial, that the magistrate should have adopted should have been 2 years' imprisonment.
3. I allow the appeal and reduced the sentence to 12 months' imprisonment.
| (T.J. Ryan) | |
| Judge of the High Court |
Representation:
Mr Arthur for Crown
Mr Paul K.N. Wu, inst'd by D.L.A., for Appellant