Lee Nam v. The Queen

CACC000306/1970

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 306 OF 1970

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Coram: Mills-Owens J. in Court.

Date of Judgment: 13 July 1970

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JUDGMENT

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1. The appellant was stopped, searched and found with an amount of dangerous drugs sufficient for one smoke, and sentenced to 9 months imprisonment. He has a long record of some 12 such offences, commencing in 1949, his earlier convictions being in respect of opium. He is now aged 60. The learned magistrate said:-

"In view of the appellant's record I did not consider probation upon condition that he should undergo treatment by the Society for the Aid and Rehabilitation of Drug Addicts at Shek Kwu Chau appropriate. Neither, for the same reason, did I consider it remotely likely that he would be considered suitable for detention at a drug addiction treatment centre. I therefore passed the sentence hereinbefore mentioned upon the appellant. I considered that sentence appropriate in all the circumstances."

2. Such appellants present an unfortunate, dismal picture and one cannot but ask oneself what good a substantial term of imprisonment can do in such cases. He is one of a class of persons who are liable to be picked up again and again for possessing or using dangerous drugs as they come out of prison after having served their last sentence. At the present appellant's age it is extremely unlikely that he will respond to treatment in prison. On the other hand the breach of the law must be appropriately marked. In the circumstances I considered that a sentence of 3 months imprisonment was adequate and allowed his appeal to that extent. I would add that it would be an advantage in such cases to have a medical report on the extent of addition and possibility of successful treatment.

13 JUL 1970

Representation:

Appellant in person.

Stratton (D.P.P.) for Respondent.

Oral judgment reduced into writing.