HKSAR v. CHUNG CHI KEUNG

CACC000659/1997

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

1997, No. 659
(Criminal)

BETWEEN
	HKSAR
	AND
	CHUNG CHI-KEUNG

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Coram: Hon. Power, V.-P., Rogers and Stuart-Moore, JJ.A.

Date of Hearing: 24 February 1998

Date of Judgment: 24 February 1998

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J U D G M E N T

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Power, V.-P. (giving the judgment of the Court):

1. In this matter the applicant seeks to leave appeal out of time against the sentence of four years imposed on one count of trafficking in dangerous drugs. He was found carrying 104 packets in a plastic bag and he admitted that he was a courier. The judge gave him a full one-third discount for plea of guilty even though he was not satisfied that it had been at the earliest possible time.

2. His only complaint has been that the judge was wrong to say he did not plead at the earliest possible time but of course that is of no moment as he got the full one-third discount. It was an entirely proper sentence. We have sympathy for his mother who has appeared in court today, who speaks of the hardship she and her husband endure because of the son's incarceration, but we regret that we are unable to allow that to influence us in any way a proper sentence having been imposed.

3. The application is dismissed.

(N.P. Power)	(A. Rogers)	(M. Stuart-Moore)
Vice-President	Justice of Appeal	Justice of Appeal

Representation:

Mr. Ian McWalters for D.P.P./Respondent

Applicant in person.