R. v. NG SHEUNG MAN
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CACC000690/1996
IN THE COURT OF APPEAL
1996, No. 690
(Criminal)
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| BETWEEN | ||
| THE QUEEN | Respondent | |
| AND | ||
| NG SHEUNG MAN | Applicant |
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Coram: Hon Mortimer J.A., Mayo J.A. and Sears J in Court
Date of hearing: 26 February 1997
Date of judgment: 26 February 1997
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J U D G M E N T
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Mayo JA giving the judgment of the Court:
1. The applicant seeks leave to appeal against the sentence of 12 Months' imprisonment for being in possession of a small quantity of dangerous drugs. He pleaded guilty to the charge. The trial judge in his reasons for sentence states that he gave him the usual 1/3 discount for his plea.
2. The applicant has a bad record. He has according to the medical evidence been drug dependent for a number of years. He is a married man with a young family to support.
3. He referred us to the difficult circumstances being experienced by his family. This itself would not be a reason which would enable us to reduce the sentence which was passed. However we consider that the sentence was significantly higher than the normal range for possession of this amount of dangerous drug.
4. In our view an appropriate starting point would have been a sentence of 12 months' imprisonment. It is however necessary to give the usual discount for his guilty plea. Accordingly we allow the application and treating it as the appeal, order that the sentence of 8 months be substituted for the sentence which was imposed. The appeal is allowed to this extent.
| (Barry Mortimer) | (Simon Mayo) | (R.A.W. Sears) |
| Justice of Appeal | Justice of Appeal | Judge of the High Court |
Representation:
Mr A.A. Bruce QC & Ms Ho for Crown Prosecutor
NG Sheung Man - Applicant in person/present