THE QUEEN v. KO WAH PING
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HCMA001149/1995
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO. 1149 OF 1995
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| BETWEEN | ||
| THE QUEEN | Respondent | |
| AND | ||
| KO WAH PING | Appellant |
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Coram : Hon Duffy, J. in Court
Date of hearing : 28 February 1996
Date of handing down judgment : 5 March 1996
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J U D G M E N T
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1. This was an appeal against a sentence of 14 months imposed for possession of dangerous drugs. In his Reasons for Sentence, inter alia, the learned Magistrate said this: "The vicinity where the offence occurred is an area notorious for drug related offences: I am entitled to have regard to this fact, relying upon my knowledge of my area of jurisdiction."
2. The charge here was one of simple possession and not of trafficking. The Magistrate should of course consider the risk factor of the drugs coming into possession of other members of the public. However, it was my view that in the circumstances of this case it was somewhat harsh to take that into account in deciding to increase the level of the Appellant's sentence. I felt that the proper sentence in this case was one of 12 months and I therefore reduced the sentence accordingly.
Representation:
Mr F Veltro, S.C.C., for Crown
Mr Andy Hung (D.L.A.), for Appellant
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| (J.M. Duffy) | |
| Judge of the High Court |