HKSAR v. SHU IU ENG

CACC000391/1997

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

1997, No. 391
(Criminal)

BETWEEN
	HKSAR	Respondent
	AND
	SHU IU ENG	Applicant

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Coram: Hon. Power, Ag. CJHC, Mayo and Stuart-Moore JJ.A. in Court

Date of hearing: 19 February 1998

Date of delivery of judgment: 19 February 1998

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J U D G M E N T

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Mayo, J.A. (giving the judgment of the Court):

1. The Applicant pleaded guilty to trafficking in a dangerous drug and was sentenced to 3 years 8 months' imprisonment. She now seeks leave to appeal against this sentence.

2. She was intercepted in the street by two police officers who searched her and found 108.25 grammes of a mixture containing 16.24 grammes of heroin hydrochloride. She immediately admitted the offence.

3. It is a sad case as the Applicant is now aged 61 and has been an addict nearly all her life. As a consequence of her addiction she has been reduced from moderately affluent circumstances to her present condition.

4. The judge adopted 5½ years as his starting point and gave her the usual one-third discount for her plea.

5. In her application she refers to her age and physical condition. Before us, she claimed that she was experiencing medical problems. These however are not matters which can be weighed heavily in the balance in such a case.

6. The sentence imposed was within the recommended guidelines and this application is unmeritorious and is dismissed. We further order that two months of the time she has spent in custody is not to count towards the sentence.

(N.P. Power)	(Simon Mayo)	(M. Stuart-Moore)
Ag. Chief Judge	Justice of Appeal	Justice of Appeal

Representation:

Mr. Albert Wong, S.G.C. (D.P.P.) for Respondent

Shu Iu-eng, Applicant in person