Butt Fong v. The Queen

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 193 OF 1973

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Coram : Huggins, J.

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JUDGMENT

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1.  The Appellant pleaded Guilty, once again, to unlawful possession of dangerous drugs. He had been charged with possession for the purpose of unlawful trafficking, but his plea was accepted.

2.  He has 21 previous convictions, of which 16 are for dangerous drugs offences. He started smoking drugs in 1955 and after having been fined on three occasions he has been sent to prison time and time again. The learned magistrate thought that nine months’ imprisonment was the appropriate sentence for this offence.

3.  I cannot say that he was obviously wrong. The question is whether he was right and as to that I am by no means so certain. Counsel for the Crown has very fairly pointed out that there has been no conviction since June 1971, although before that there was a conviction practically every year from 1955 onwards. The Appellant says that he has never been given a chance and, looking at his record, I think he can fairly say that. I doubt whether 9 months’ imprisonment would have any effect upon him. Whether any useful purpose will be served by giving him a chance is, again, another matter. He can hardly be expected to rid himself of his addiction without help. Nevertheless, I am disposed in this case to take a risk and I propose to allow this appeal and to substitute a conditional discharge for a term of two years in the nominal sum of $100.

3rd April, 1973.