R. v. LAU YUE WO

CACC000036/1996

IN THE COURT OF APPEAL

1996, No. 36
(Criminal)

BETWEEN
THE QUEEN Respondent
AND
LAU YUE WO Applicant

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Coram: Hon Power, V.-P., Mortimer and Mayo, JJ.A.

Date of hearing: 12 June 1996

Date of judgment: 12 June 1996

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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 sixteen years’ imprisonment imposed upon him for trafficking in dangerousdrugs. He was convicted on two counts on his own plea.

2. Police officers observed the applicant entering a building in Sheung Shui on the morning of 3 July 1995. Shortly thereafter he emergedcarrying a black leather bag. He was stopped. He immediately admitted that he knew that this related to dangerous drugs. The policeofficers then searched the premises which the applicant had come from. They found the dangerous drugs referred to in the second charge.The amount of dangerous drugs found in the bag was 1,364 grams of a mixture containing 206.05 grams of heroin hydrochloride. Theamount of dangerous drugs found in the flat was 9,926 grams of a mixture containing 1,497.84 grams of heroin hydrochloride. Thisamount is in excess of double what is described as a very large quantity of drugs in Lau Tak-ming.

3. In his grounds of appeal the applicant refers to his very unfortunate family background. It would appear that his mother has an afflictionwhich seriously impairs her eye sight and his lady friend is also in need of medical attention necessitating the expenditure of fees.

4. While this may well be the case regrettably the courts have no alternative but to take a most serious view of trafficking in dangerousdrugs. Here the quantity involved was very substantial. The starting point of 24 years’ imprisonment cannot be faulted and the judgegave the applicant the full 1/3 remission for his early indication of pleading guilty to the offences. This application is withoutmerit and has to be dismissed.

(N.P. Power) (Barry Mortimer) (Simon Mayo)
Vice-President Justice of Appeal Justice of Appeal

Representation:

Mr F. Veltro, SCC for Crown Prosecutor

LAU Yue-wo – Applicant in person/present