HKSAR v. Leung Chan Kit

HCMA000906/2002

HCMA906/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.906 OF 2002

(ON APPEAL FROM TMCC 2103 OF 2002)

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Coram: Deputy High Court Judge Line in Court

Date of Hearing: 20 November 2002

Date of Decision: 20 November 2002

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D E C I S I O N

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1.You are addicted to heroin, and you have been so-addicted for nine years. You have previous convictions for possession of dangerous drugs. You have been to DATC twice, in 1994 and 1997 and you have been sentenced to short terms of imprisonment.

2.On this occasion, you pleaded guilty to the possession of a small amount of heroin and a small amount of midazolam for your own consumption. Since there was no prospect of any rehabilitative sentence working, the magistrate was bound to consider imprisonment. You will appreciate that there are many people in your situation, and the courts habitually take a starting point for sentence after trial for such conduct of between nine to 18 months. In your case, the magistrate took a starting point of 12 months and reduced it by one-third for your plea, making a sentence of eight months.

3.Given your record and the fact that two drugs were involved, I would have done exactly the same thing if I had been sitting at the time when he was. Today you have been able to put nothing new before me. I regret to say in those circumstances there is no choice but for me to confirm the order that the magistrate made.

Representation:

Mr Gavin Shiu, Acting Senior Assistant Director of Public Prosecutions of the Department of Justice, for the Respondent

Appellant in person