HKSAR v. Lau Ka Yan and Another

DCCC286/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 286 OF 2011

----------------------

----------------------

---------------------

Reasons for Sentence

---------------------

1.I am dealing now with the 1st defendant. She pleaded guilty to the possession of a dangerous drug on 29 June this year. She accepted the facts and I convicted her of that offence. The drug in question is a small quality of ketamine, namely 0.69 grammes.

2.The defendant was arrested on 23 December 2010 when the police stopped a car. This defendant was a rear seat passenger. When she was searched she was found to be holding in her right hand some tissue paper which contained a plastic bag which contained the ketamine. At the time she said she just purchased it from the other defendant for $90. Later she explained she had been picked up for a joyride, and she had been offered and had bought the ketamine. The quantity was confirmed by the Government Chemist.

3.Defendant is a young lady.  She is 21 years old.  She has a clear record.  Because of that I decided to investigate whether some rehabilitative supervision was appropriate for her.  To facilitate that I obtained a probation officer’s report upon her.  The information is fairly positive for the defendant.  She is a young lady.  She had some learning difficulties at school.  She also met up with someone described as “bad peers”, which in fact led her to being cautioned by police.  And she is described as being on the brink of going further astray if she had not been arrested for this offence.  And it is clear that she requires some supervision now.  She is not a deep-rooted drug addict and has learnt a lesson, and she has shown a willingness to turn a new direction.  She now has stable employment and leads a regulated life.   

4.For this defendant I think it is clear that a probation order is the appropriate disposal for her.  And for this, being her first drug offence, I am going to impose an 18 month probation order. 

5.Now, this order requires a consent.  I am going to explain the nature of the order to the defendant.  She will be under the supervision of a probation order for 18 months.  There are certain conditions to this order.  She must be of good behaviour and keep peace generally.  She must work and reside as directed by her probation officer.  She must keep all appointments to see her probation officer.  She must receive random urine tests.  She shall participate in any rehabilitation, social or educational programmess as directed by her supervising officer. 

6.If she breaches any of these conditions or commits any further offence while this order is in force, then she will be liable to be brought back to this court and sentenced again for the offence of which she was originally convicted.

7.Now, can the defendant indicate if she understands that and if she consents to be placed on probation on those terms.

DEFENDANT: I understand. I agree.