R. v. CHOW SAU MO
HTML content
CACC000625/1995
IN THE COURT OF APPEAL
1995, No. 625
(Criminal)
| BETWEEN | ||
| THE QUEEN | Respondent | |
| AND | ||
| CHOW SAU MO | Applicant |
-----------------------
Coram: Hon Mortimer, J.A., Mayo, J.A. and Sears, J.
Date of hearing: 2 April 1996
Date of judgment: 2 April 1996
----------------------
J U D G M E N T
----------------------
Mayo, J.A. (giving the judgment of the Court):
1. The applicant seeks leave to appeal against his sentence of six years' imprisonment for trafficking in dangerous drugs.
2. The facts are simple and straight forward. The police conducted a raid on premises occupied by the applicant at Shantung Street, Mongkok on the evening of 23 May 1995. They found concealed within the premises the dangerous drugs the subject of the charge which were namely 225.46 grammes of a mixture containing 21.43 grammes of heroin hydrochloride and 91 tablets containing 414 milligrammes of methadone hydrochloride and 20 tablets containing 213 milligrammes of dipipanone hydrochloride.
3. According to the police officers who gave evidence the dangerous drugs were packaged in 13 plastic bags, 45 straw packets, 32 foil packs and 2 foil packs which contained the 20 tablets referred to and the officers also found a set of scales.
4. The applicant did not deny possession of the dangerous drugs. He claimed that they were all for his own personal consumption. The applicant could not be given any credit for pleading guilty to this as he pleaded not guilty at his trial to trafficking in dangerous drugs.
5. The quantity of drugs the subject to the charge comes within the second tier of the category of cases referred to in Lau Tak-ming and accordingly the sentence of six years' imprisonment cannot be criticised. The application is accordingly dismissed.
| (Barry Mortimer) | (Simon Mayo) | (R.A.W. Sears) |
| Justice of Appeal | Justice of Appeal | Judge of the High Court |
Representation:
Mr A A Bruce for Crown Prosecutor
Chow Sau Mo - Applicant in person/present