HKSAR v. Shahid Imran Younas
|
DCCC1192/2011 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO. 1192 OF 2011 ----------------------
----------------------
--------------------- Reasons for Sentence --------------------- 1.The defendant was convicted of one count of theft. 2.The facts of this case are set out in my previous judgment and I do not propose to repeat them here. 3.It appears that the defendant has had inadequate supervision from his family in the past and has gradually gone astray. He has been using drugs and consuming substantial amounts of alcohol. Although, he denies any symptoms of alcohol and drug dependence, he has been diagnosed by psychiatrists as suffering from drugs and alcohol related psychosis. 4.He does not have any stable employment and appears to have little family support. Although, he has some previously convictions, they are unrelated to dishonesty. 5.The court has called for a Probation Officer’s report. Probation was not recommended, mainly because the defendant denied the offence and was hence seen as unremorseful. 6.In all the circumstances, I am of the view that a probation order would be beneficial to both defendant and his family and society. I order that the defendant be placed on probation for 24 months with the following special conditions. 7.That he shall be of good behaviour and keep the peace; that he shall keep in touch with the probation officer in accordance with such instructions as may from time to time be given by the probation officer; and in particular, that he shall, if the probation officer so requires, receive visits from the probation officer at his home; that he shall inform the probation officer at once of any change of his resident or employment; he should work and reside as directed by probation officer; abstain from possession and use of all dangerous drugs and illicit substances; abstain from alcohol; random urine tests as directed by probation officer; attend and complete any drug and alcohol addiction treatment courses, including residential courses, as directed by probation officer; there will be a curfew between 10 pm to 7 am unless with prior approval of the probation officer. 8.That does not mean you cannot go out, but if you need to go out within the curfew period, you need to first inform and obtain the approval of the probation officer. 9.I am going to explain the meaning of a curfew. The probation officer may come and visit you or call you during the curfew hours. If he calls your resident and he cannot speak to you directly, I will treated as a breach of a curfew order. You are to attend psychiatric and/or psychological treatment as directed by the probation officer. I will not explain to you the meaning of the probation order. 10.From today, you will be under the supervision of a probation officer for 24 months, and you are to comply with all the terms that I have just read out. 11.If you are in breach of any of those terms, you are in breach of the probation order. If you were to commit any offence whether similar or not to the present offence during the probation order period, you are also be in breach of the order. 12.If you are in any way in breach of the probation order, you will be brought back to court and you will be re-sentence for these offences.
13.There will be progress report on 25 June, this court, 9.30, you order to attend.
|
Further hearings and rulings under DCCC 1192/2011