THE QUEEN v. LI CHEUK

HCMA000237/1985

MAGISTRACY APPEAL
IN THE HIGH COURT OF JUSTICE

NO. 237 OF 1985

(Appellate Jurisdiction)

BETWEEN:-

The Queen Respondent

AND

LI Cheuk Appellant

____________

Coram: The Honourable Mr. Justice Penlington in Court

Date of hearing: 10th April 1985

Date of delivery of judgment: 10th April 1985

__________

JUDGMENT

__________

Preliminary

1. This was an appeal against conviction and sentence in respect of charges of possession of dangerous drugs and possession of an instrumentfit and intended for injection of dangerous drugs.

Conviction

2. The appellant denied that he had beer found in a refuse room with a syringe and 0.24 of a gramme heroin. I was however quite satisfiedthat the magistrate had every reason to accept the prosecution evidence that the appellant was so found and that there was no groundsfor allowing appeal against the conviction.

Sentence

3. The magistrate called for drug addiction treatment centre report, but that indicated that as he had already been to the centre onthree occasions but had immediately relapsed, there was no point in sending him back. The appellant has a long and sad record ofpetty crime and undoubtedly is drug dependant. The magistrate had imposed sentences of 12 months and 3 months on the two chargesto be concurrent and on the facts before him that was unquestionably a perfectly proper sentence. However, when the appellant appearedbefore me he had in court his mother-in-law and his five-year old daughter. While unfortunately it is probably hoping for too muchI decided to reduce that sentence to one of 6 months and 3 months, concurrent, in the hope, vain though it might be, that the appellantwould do as he promised and make a real effort to look after his family.

(R.G. Penlington)
Judge of the High Court

Representation:

P.V. Conlon, C.C. for the Respondent/Crown.

Appellant, LI Cheuk in person.