HKSAR v. FUNG SIU PING

CACC000500/1999

CACC 500/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO 500 OF 1999

(ON APPEAL FROM DCCC 630/1999)

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BETWEEN
HKSAR Respondent
AND
FUNG SIU PING Applicant

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Coram: Hon Stuart-Moore CJHC (Ag), Mayo VP and Wong JA in Court

Date of Hearing: 9 February 2000

Date of Judgment: 9 February 2000

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J U D G M E N T

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Hon Mayo VP (giving the judgment of the Court):

1. The applicant pleaded guilty of trafficking in a dangerous drug before Deputy Judge Tallentire in the District Court and was sentencedto 3 years 8 months imprisonment. The circumstances were unexceptional. Police officers whose suspicions had been aroused searchedthe applicant in the street and found 151 packets of suspected dangerous drugs on her person. Subsequent analysis by the governmentchemist revealed that the packets contained a total of 34.34 grammes of a mixture containing 20.12 grammes of heroin hydrochloride.The Judge adopted a starting point of 5 1/2 years and gave the applicant the usual one-third discount for her plea.

2. Before us, the applicant claimed that the sentence which had been imposed upon her was slightly excessive. She referred to the difficultyshe encountered as a result of her drug addiction.

3. We do not agree that the sentence was in any way excessive. The sentence was entirely appropriate. The application is without meritand we order that 2 months of the time the applicant has spent in custody will not count towards the time she serves.

(M Stuart-Moore) (Simon Mayo) (Michael Wong)
Chief Judge (Ag) Vice-President Justice of Appeal

Representation:

Ms Mary Sin, SADPP of the Department of Justice, for the respondent

Fung Siu-ping, applicant in person