R. v. HUI KIN SUM

CACC000607/1995

IN THE COURT OF APPEAL

1995, No.607
(Criminal)

 

BETWEEN
	THE QUEEN	Respondent
	AND
	HUI KIN-SUM	Applicant

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Coram: Bokhary and Ching, JJ.A. and Bewley, J. in Court

Date of hearing: 22 December 1995

Date of judgment: 22 December 1995

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J U D G M E N T

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Bewley, J. : (Giving the judgment of the Court)

1. The applicant pleaded guilty in the District Court to trafficking in dangerous drugs, namely 310.97 grammes of a mixture containing 44.1 grammes of heroin and 22.34 grammes of cannabis. He was sentenced by Deputy Judge Andrée-Wiltens to 4½ years' imprisonment.

2. The applicant is just 19. He has two previous convictions in 1991 for assault and burglary, which the judge disregarded for sentencing purposes. He received psychiatric treatment in 1991 and 1992. The judge accepted the applicant's claim to be a courier of the drugs.

3. We agree with the judge that the offence is too serious to be dealt with by detention in a training centre. For such a quantity a deterrent sentence is necessary.

4. The applicant pleads remorse and says he committed the offence out of greed. 4½ years is considerably below the tariff sentence for this quantity of drugs and we feel it is the most lenient sentence that the judge could reasonably have passed. For these reasons the application is refused.

(K. Bokhary)	(C. Ching)	(E. de B. Bewley)
Justice of Appeal	Justice of Appeal	Judge of the High Court

Representation:

Mr F. Veltro, S.C.C., for Crown/Respondent

Applicant in person