由此
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CACC 357/2008
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C IN THE HIGH COURT OF THE C
HONG KONG SPECIAL ADMINISTRATIVE REGION
D D
COURT OF APPEAL
E CRIMINAL APPEAL NO. 357 OF 2008 E
(ON APPEAL FROM HCCC NO. 145 of 2008)
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BETWEEN
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HKSAR Respondent
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and
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LEE Chun-yee (李春意) Applicant
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L ____________ L
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Before: Hon Hartmann JA and Wright J in Court
N Date of Hearing: 3 June 2009 N
Date of Judgment: 3 June 2009
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JUDGMENT
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Hon Wright J (giving the judgment of the Court):
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由此
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A A
1. On 24 October 2008 the applicant was sentenced by Deputy
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High Court Judge Longley to serve a period of 8 years imprisonment,
C having been convicted, after trial, of trafficking in 27.68 grammes of C
methamphetamine hydrochloride. She had been apprehended and
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searched on 23 February 2008: the narcotics were found on her person
E during the search. The jury disbelieved her version that the drugs were for E
her own consumption.
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G 2. She seeks leave to appeal the sentence on two bases: that she G
was willing to plead guilty and that the sentence is excessive.
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3. As the judge indicated, had the applicant entered a plea of
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guilty she would have received the usual one third reduction in sentence. J
She chose not to do so. She forfeits that potential benefit. The sentence
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imposed was in accordance with the tariff laid down for such a quantity
L of this narcotic: see Attorney General v CHING Kwok-hung [1991] 2 L
HKLR 125. The judge was correct to find that there was no other
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mitigation available to the applicant.
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4. The application is dismissed.
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(M P Hartmann) (A R Wright)
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Justice of Appeal Judge of the Court of
First Instance
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由此
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A A
B B
C Ms Kathie Cheung, SPP, Department of Justice, for Respondent. C
D The Applicant in person. D
E E
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