HKSAR v. CHAN YU SUN, DICKY

HCMA1022/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.1022 OF 2002

(ON APPEAL FROM ESCC 2280 OF 2002)

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D E C I S I O N

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1. You are a drug addict, addicted to heroin. In 1994, you were chasing the dragon. Since 1998, you have been injecting heroin. You have been fined, put on probation and sent to DATC. You still remain addicted. It was inevitable that for your possession of heroin on this occasion you would have a custodial sentence. You will appreciate that there are very many people in your situation and the courts habitually pass sentences after trial of between nine months and 18 months for such conduct.

2. The magistrate in his case had a report before him which disclosed that no further treatment in DATC was called for. It was inevitable, therefore, that he looked at imprisonment. He took a starting point right at the bottom end of that bracket of nine to 18 months. He gave a one-third discount for your plea, hence the sentence of six months. If I had been sitting there in his place I would have done exactly the same thing.

3. You asked for a chance very nicely, but I regret to say that there are absolutely no grounds for interfering with the order the magistrate made, which I hereby confirm.