HKSAR v. TONG KWONG HUNG

HCMA000864/1999

HCMA 864/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. HCMA 864 OF 1999

(On Appeal from NKCC 4183/99)

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BETWEEN
HKSAR Respondent
AND
TONG KWONG HUNG Appellant

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Coram: The Hon. Madam Justice Beeson in Court

Date of Hearing: 23 November 1999

Date of Judgment: 23 November 1999

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J U D G M E N T

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1. The Appellant appeals against a sentence of 9 months imprisonment imposed on him for possession of dangerous drugs, the narcoticquantity being 0.21 grammes of heroin hydrochloride.

2. The Appellant’s plea of guilty had not been indicated at plea, he pleaded guilty on the day fixed for trial. The Magistrate, takingthe sentencing guideline cases into account, sentenced him to nine months’ imprisonment, not giving the full 1/3 discount becauseof the delayed plea. The Magistrate considered a report from the Drug Addiction Treatment Centre before sentencing. The Appellanthas 26 previous convictions; 16 were drug related. He had been to SARDA 4 times previously but despite that still used drugs. TheMagistrate quite rightly thought there was no point in wasting time with another rehabilitation attempt in an open setting.

3. The Appellant feels some sense of grievance because he considers that there is a difference between his sentence and sentences passedin other courts for similar offences. Magistrates consider guidelines on sentence, but have to take the particular facts of eachcase into account as well so comparisons of sentence are not always useful, or meaningful. There is nothing wrong with this sentence.Accordingly, the appeal is dismissed.

(C-M. Beeson)
Judge of the Court of First Instance

Representation:

Mr. P.K. Madigan, S.G.C. for D.P.P.

TONG Kwong-hung, Appellant, in person