R. v. LAU MING

HCMA000305/1995

 

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 305 OF 1995

__________

 

BETWEEN
	THE QUEEN
	AND
	LAU MING

__________

 

Coram: The Hon. Mr. Justice Sears in Court

Date of hearing: 6 June 1995

Date of judgment: 6 June 1995

_________________

J U D G M E N T

_________________

1. This is an appeal against sentence by Mr. Saunders at the Western Magistracy when the Defendant pleaded guilty to one charge of possession of dangerous drugs, the amount was minute, 0.04 of a gram of heroin. The Magistrate, noted he had previous convictions and the Magistrate said 'I impose 9 months, the top end of the range, as I consider that having regard to the number of drug offences committed by him a less sentence would neither deter him nor give him sufficient drug free time for there to be any hope that he might stay off drugs'.

2. I sympathise with the Magistrate's approach, but the sentence must be one for the offence which is before the Court. The previous convictions do not entitle him to any credit, on the other hand, they should not add to the sentence. Sentence is reduced to one of four months' imprisonment.

Representation:

Mr. William Lam, S.C.C. for Crown

Appellant in person

	(R.A.W. Sears)
	Judge of the High Court