HKSAR v. Yuen Wing Tat

Case No.DCCC 142/2009
Court
District Court
Date25 Jun 2009
Judge
Case Document
100%

DCCC142/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 142 OF 2009

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HKSAR

v.

Yuen Wing Tat

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Before:

Deputy District Judge E. Yip

Date:

25 June 2009 at 10.15 pm

Present:

Mr William Stirling, counsel on fiat, for HKSAR
Mr Ernest Koo, instructed by of Messrs Marie Tsang, Dustin Chan & Co., assigned by the Director of Legal Aid, for the Defendant

Offence:

Possession of a Dangerous Drug (管有危險藥物)

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Reasons for Sentence

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1.There are a lot of drugs involved in this case, a lot of drugs in the sense that this is a possession case.

2.The law says that in your age range a term of imprisonment should be the last resort.  The obvious choices open to me, subject to the feasibility, of course, are probation and DATC. 

3.Probation is not recommended because it expects that you have certain basic understanding or your own problem and some degree of insight.  In the absence of such minimum factors probation will not be helpful to you at all.

4.DATC recommends your admission.  I understand that you have to stay there for several months and there will be a recall should you re-offend.  This appears to be the best course for you.  I understand that you are also taking that choice. 

5.I think the combined result is that I should make a DATC order in the present case. 

6.Conviction is recorded.  I know you are presently on probation.  I am not going to make any order affecting your probation.

  (E. Yip)
  Deputy District Judge