THE QUEEN v. SIN SHING CHEONG

THE QUEEN v. SIN SHING CHEONG

The appeal was dismissed because the learned Magistrate lawfully departed from Chan Chi-man possession guidelines when dealing with a charge of direct trafficking and the actual methaqualone weight and potency (563.4g in 1,450 tablets, exceeding the assumed 250mg per tablet) justified a sentence higher than the...

Source-derived case information.

Citation
THE QUEEN v. SIN SHING CHEONG
Parties
Appellant: Sin Shing Cheong; Respondent (crown): The Queen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 June 1987
Case Number
HCMA268/1987
Procedural Posture
Criminal Appeal / Sentencing Appeal (appeal Against Sentence Following Conviction in Magistrates' Court)
Outcome
Appeal dismissed; sentence upheld
Legal Topics
Trafficking, Methaqualone (mandrax), Sentencing Guidelines, Mitigation
Source Language
en
Criminal Law Drugs Law Sentencing Trafficking Methaqualone (mandrax) Sentencing Guidelines Mitigation

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Summary, issues, holding and outcome

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Parties

Sin Shing Cheong

Appellant

The Queen

Respondent (crown)

Procedural Posture

Criminal Appeal / Sentencing Appeal (appeal Against Sentence Following Conviction in Magistrates' Court)

Legal Issues

  1. 1 Whether the sentence of 2.5 years was manifestly excessive
  2. 2 Whether sentencing guidelines in R v Chan Chi-man for possession apply to a charge of direct trafficking
  3. 3 How to assess sentence when actual methaqualone weight per tablet exceeds the assumed 250mg standard

Ratio Decidendi

The appeal was dismissed because the learned Magistrate lawfully departed from Chan Chi-man possession guidelines when dealing with a charge of direct trafficking and the actual methaqualone weight and potency (563.4g in 1,450 tablets, exceeding the assumed 250mg per tablet) justified a sentence higher than the standard tariff; accordingly the two and a half year sentence was not manifestly excessive.

Court Disposition

Appeal dismissed; sentence upheld

Orders

  • Appeal dismissed
  • Sentence of two and a half years' imprisonment affirmed