HKSAR v. Wong Wing Yan

DCCC 1267/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1267 OF 2008

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Coram : H.H.J. Li, Chief District Judge

Date of Judgment :   6 October 2009

Prosecution : Mr. Bobby Cheung, Public Prosecutor for HKSAR

Defence : Mr. Philip Swainston of Littlewoods Solicitors for the defendant

Charge : Possession of a dangerous drug (販運危險藥物罪)

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Reasons for Sentence

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1.The defendant pleadedguilty to one count of possession of a dangerous drug before Deputy District Judge Mierczak on 10/2/09.[1] The total weight was 1.51g of ketamine.

2.She was put on probation for 12 months with conditions including that she shall be of good behaviour and kept the peace. On 24/8/09, a progress report revealed that the defendant relapsed into taking ketamine. Urine tests were positive in samples taken in April, May and July 2009. The probation officer planned to arrange the defendant for residential drug withdrawal treatment.

3.While waiting for placement in drug withdrawal treatment, a further report dated 8/9/09 from the probation officer revealed that the defendant was not cooperative. She provided improper urine sample which was rejected by the Government Laboratory as that sample was inconsistent with normal urine.

4.The defendant appeared before me on 22/9/09. The progress reports were explained to her and her parents. The defendant agreed with the reports. I ordered for a DATC report.

5.According to the DATC report dated 30/9/09, the defendant is a drug addict. She is suitable for admission to DATC. The defendant admitted in the report that she relapsed into taking ketamine in January 2009 and her last dose was in August. She spent about $100 on each occasion for the ketamine.

6.The report mentioned that the defendant started to have behavioural problems since Form 3. She had dubious friends and frequented discos and karaokes. She idled at home for some time after Form 5. In 2008, she started work as a salesgirl. She started taking ketamine in January 2008 and was arrested in October for possession of a dangerous drug. She was put on probation but relapsed in ketamine soon.

7.On behalf of the defendant, Mr. Swainston pleads for leniency pointing out that the defendant is not a deep-rooted addict. The mother of the defendant also undertakes to keep an eye on the defendant in future.

8.The defendant was given a chance when she was put on probation in March. She relapsed into taking drugs as soon as April the same year. She continued her drug taking until August when the Probation Officer reported to this court. I see no prospect that the defendant could have tackled her addiction voluntarily. It is exactly at this stage, when the addiction is not deep rooted, that drug addiction treatment is of the utmost priority.

9.I have considered the background and the criminality of this offence. I think a short prison term or a suspended sentence would not be in the best interest of the defendant. In the circumstances, I sentence the defendant to DATC for the 3^rd charge. The original probation order is now discharged.