Fung Siu v. The Queen

Case No.CACC 219/1971

Court

Court of Appeal

Date01 Jan 1900

Judge—

Case Document

100%

CACC000219/1971

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEA NO. 219 OF 1971

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BETWEEN
	Fung Siu	Appellant
	and
	The Queen	Respondent

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Coram: Mills-Owens J.

Date of Judgment:

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JUDGMENT

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1. This appellant was sentenced to 9 months imprisonment for possession of small quantities of morphine and barbitone, no doubt for his own consumption. In his findings the learned Magistrate said -

"	Aged 52 the Defendant has had 12 previous convictions, 7 of which are drug offences, four of the latter being for possession of heroin. Upon his first heroin conviction in 1964 he was given a very fair chance by being sentenced to 1 day imprisonment only. On the 3 subsequent offences he received sentences of 6 months, 6 months and 4 months respectively.
	For a man of his age and record no other penalty but imprisonment appeared appropriate. Tai Lam Centre would not accept such case. Shek Ku Chau could not succeed in curing him of addiction at that stage.
	According to the best authorities known to me a period of 9 - 12 months imprisonment is necessary to give Defendant some chance of compulsory abstinance sufficient to enable him to dry out. With his background 12 months would probably have been a more effective sentence. However as his previous term was only four months I was prepared to impose only 9 months in this case."

2. In my view, it is quite pointless - in the case of a man of the appellant's age - to endeavour to cure him by imprisonment. He is really being punished for being 'sick'. However, it is an offence and it mist be marked as such. Having, I may say, every sympathy with those who have to deal so frequently with such cases, I considered a sentence of 4 months to be adequate, if not indeed more than adequate, and allowed his appeal by reducing his sentence to that extent.

(Mills-Owens J.)

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