Chu Cheuk Kwan v. The Queen

CACC000681/1968

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 681 OF 1968

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Coram: Huggins, J.

Date of Judgment: 4 December 1968

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JUDGMENT

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Huggins, J: The appellant was convicted of unlawful possession of dangerous drugs and was sentenced to 9 months' imprisonment. The drugs consisted of traces of diacetylmorphine hydrochloride in a cigarette. The appellant had 3 previous convictions, none of them more recent than 1964 and none relating to dangerous drugs.

2. The learned magistrate took great trouble with this case. He called for a probation officer's report and he called for a report from the prison medical officer. The latter report indicated that the appellant was a confirmed drug addict. The probation officer's report indicated that the appellant had little sincerity or any desire to rid himself of his addiction and that his conduct generally was far from satisfactory. It was only after consideration of these reports that the learned magistrate came to the conclusion that a sentence of 9 months' imprisonment was the only appropriate sentence. I see no reason to disagree with the conclusion which he reached.

3. The appeal must be dismissed.

4th December 1968.

Representation:

Appellant in person

Mr. Evans for the Respondent