HKSAR v. Chiu Kin Wah

HCMA000025/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY CRIMINAL APPEAL NO. 25 OF 1998

____________

____________

Coram: The Honourable Madam Justice Beeson in Court

Date of Hearing: 17th February 1998

Date of Delivery of Judgment: 17th February 1998

_______________

J U D G M E N T

_______________

1. The Appellant appeals against a sentence of 6 months' imprisonment imposed on him in the magistracy for an offence of possession of dangerous drugs.

2. In his Reasons for Sentence, the Magistrate makes it clear that he took into account the contents of the DATC report that he had sought as a result of the conviction. The report showed this Defendant as unsuitable for treatment in the Drug Addiction Treatment Centre. He had been there twice previously in 1981 and 1992. He had a 23 year history of addiction and a substantial criminal record.

3. The criminal record starts in 1972. As well as offences such as robbery and wounding, there were 16 convictions for drug offences.

4. The Appellant today asked for his sentence to be reduced. He says he is now a middle aged man; that he feels regret for his past and that he has disappointed his wife and children. He says he is determined to kick the drug habit and turn over a new leaf. I might have accepted that until I realised, when looking at his record, that Appellant had 2 offences in 1997 prior to this one for which he was given light sentences by the court and thus chances to mend his ways. He appears to have taken no steps to help himself.

5. The Magistrate took a starting point of 9 months' imprisonment. He allowed the full discount of 1/3 in respect of the plea of guilty even though, as he says, the plea was not made at the first available opportunity and in fact was only made on the date fixed for trial. The Defendant's record precluded any further discount being given.

6. There was nothing wrong or inappropriate with this sentence and the Appellant's appeal against sentence is dismissed. I do not propose to make the sentence run from today which was an option open to me.

Representation:

Lily Ho, S.G.C., for DPP.

Chiu Kin Wah, Appellant, in person.