HKSAR v. GOBBY CHAN MEI YAN

DCCC245/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 245 OF 2010

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Reasons for Sentence

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1.  You have pleaded guilty to two charges: the 18th charge, which is inhalation of a dangerous drug, namely, “ice”; and Charge 23, failing to surrender to custody without reasonable cause. 

2.  On the first date of trial, 30 September 2010, you failed to appear before the trial court. 

3.  You appeared before me for the first time on 20 February 2012. 

4.  When you were located, as a result of a warrant of arrest, your bail was not estreated, in fact it was extended.

5.  On 20 February, you were two hours late appearing before me.  You explained that your daughter had to be admitted into hospital, for reasons I do not need to go into, but you had no proof of that admission on that day.  Not only were you late, you had instructed a lawyer to represent you at such a late stage that we had to stand the case down for him to appear in court. 

6.  On the next occasion, on 26 March, you again failed to produce any evidence of your daughter being admitted into hospital on 20 February. 

7.  I adjourned the case to today with a specific order that you produce proof, and you have been unable to even now. 

8.  So I will make a specific finding that you were in breach of your bail condition on 20 February by being late with no reasonable excuse, and I will estreat your bail for that reason.

9.  On 20 February you pleaded guilty, and I adjourned for a probation officer’s report and urine tests.  That report, due on the 26^th March, was not a favourable report, and probation was not recommended, specifically because you were uncooperative in delivering even a single urine specimen for the probation officer.  To try and rectify that, you produced a urine test result, dated 22 March, which gave a negative reading for “ice”.

10.  I did adjourn again to today for a further probation officer’s report and urine tests.  Two urine samples were taken, and both resulted in negative findings for any “ice”.  In light of that and your refusal to consider probation necessary, the probation officer does not recommend probation.  But because of the negative urine tests, I am prepared to proceed on the basis that you are not a drug addict.

11.  I will also take into account the sentence received by other defendants who faced the same single charge as you. 

12.  I will impose a fine for Charge 18.  Where as Charge 23 is concerned, failing to surrender to custody, I find that as serious, if not more than Charge 18.  You gave an explanation on 20 February that you were pregnant at the time and scared to appear before court.  It is certainly not a reasonable excuse. 

13.  After having considered all the mitigation I have heard on several occasions, as well as the contents of both reports - probation officer’s reports - Charge 18, I will impose a fine of $1,500. 

14.  For Charge 23, failure to surrender to custody, I impose a one-month term of imprisonment, but I am going to suspend it for 12 months. 

15.  A suspended sentence means you do not immediately have to serve this one-month term of imprisonment, however, if in the next 12 months from today, you commit an offence punishable by imprisonment and you are convicted, then any court will likely order you to serve this one month, plus a further punishment for the further offence.