R. v. SIU KAM WAH

CACC000647/1995

IN THE COURT OF APPEAL

1995, No. 647
(Criminal)

BETWEEN
THE QUEEN Respondent
AND
SIU KAM WAH Applicant

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Coram: Hon Mortimer, J.A. and Mayo, J.A.

Date of hearing: 3 April 1996

Date of judgment: 3 April 1996

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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 seeks leave to appeal against his total sentence of four-and-a-half years’ imprisonment for trafficking in dangerousdrugs and for possessing dangerous drugs.

2. From the admitted facts it would appear that the applicant was searched by a police officer and found to be in possession of dangerousdrugs which were the subject of the possession charge. He then took the officer back to premises where the dangerous drugs referredto in the second count were found. The quantity of dangerous involved was 181 grams of a mixture containing 33 grams of heroin.

3. This quantity brings the offence within the second tier of the category of cases in Lau Tak-ming. The sentence was neither manifestlyexcessive nor wrong in principle and the application is accordingly dismissed.

(Barry Mortimer) (Simon Mayo)
Justice of Appeal Justice of Appeal

Representation:

Mr F. Veltro for Crown Prosecutor

SIU Kam-wah – Applicant in person/present