Chan Shui Yin v. The Queen

CACC000764/1971

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 764 OF 1971

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Coram: Pickering, J.

Date of Judgment: 13 December 1971

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JUDGMENT

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1. The appellant in this case pleaded guilty to a charge of smoking a dangerous drug and was sentenced to nine months imprisonment. He has spent two periods in Drug Addiction Treatment Centres and has a previous conviction for smoking a dangerous drug. It is apparent that there is no merit in his appeal against sentence and that appeal is dismissed in so far as it relates to the present charge.

2. In his Statement of Findings, however, the learned magistrate points out that he overlooked the fact that at the date of his trial the appellant was in breach of bond having been bound over in the sum of $300 for twelve months on the 2nd September last, for smoking a dangerous drug; in the result the appellant was not dealt with in respect of this earlier offence.

3. Substituting for the learned magistrate, I sentence the appellant to one month's imprisonment in respect of this offence of smoking a dangerous drug and order that his bond be forfeited and that he be sentenced to two weeks imprisonment in default of payment. All terms of imprisonment to be consecutive.

Representation:

Appellant in person.

Winter, C.C. for Crown.