Case Document

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CACC000774/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 774 OF 1975

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BETWEEN:
	CHOI Sai-lok	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 27th September, 1975.

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JUDGMENT

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1. On February 17th, 1975, the appellant was found guilty of being in possession of dangerous drugs and placed on probation for eighteen months.

2. On August 15th, 1975, the appellant was again found guilty of a similar offence and sentenced to nine months' imprisonment. At the same time the magistrate ordered the discharge of the Probation Order and sentenced the appellant to a further term of nine months' imprisonment. The appellant therefore faces a total sentence of eighteen months. The amount of drugs found in the appellant's possession on each occasion was very small.

3. At the trial in August, i.e. on the second occasion, the appellant asked to be imprisoned and not to be sent to a Drug Addiction Treatment Centre.

4. In his statement of findings the magistrate mentions this and states that he advised the appellant to apply for a Drug Addiction Treatment Centre order: which the appellant refused to do.

5. From the statement of findings, it would seem that because the appellant refused to consider a Drug Addiction Treatment Centre Order the two sentences were ordered to run consecutively.

6. I do not think that this is a right approach and further I think that eighteen months for these two offences is too long a period.

7. In the event, I will allow the appeal against sentences to the extent that the two sentences of nine months shall run concurrently and not consecutively.