THE QUEEN v. CHAN KAN-WA

THE SUPREME COURT OF HIGH COURT

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 838 OF 1988

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J U D G M E N T

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1. The Appellant pleaded guilty to a charge of possession of dangerous drugs. The allegation was that he had in his possession a plastic bottle containing 27 millilitres of a solution of which 44 milligrams was methodone.

2. He has a criminal record having been before the Court on 12 previous occasions. Some of those offences were possession of dangerous drugs, but the dangerous drugs on those occasions were either opium or heroin.

3. His last previous conviction, however, was in May 1977. The learned magistrate found himself in a quandary in dealing with the Appellant and seems to have decided on a prison sentence of 4 months because he could find no alternative way of dealing with him after the Commissioner of Correctional Sevices reported that he was unfit for detention in a Drug Addiction Treatment Centre. The principal reason for his unsuitability was his present poor physical condition. He has a chest and lung disability. Methodone is a drug used by the Medical & Health Department in treating drug addicts as a means of weaning them from their addiction to hard drugs.

4. I think that this Appellant is deserving of sympathy because he has been out of trouble for a long time. The intake officer from the Drug Addiction Treatment Centre said That he has no insight into his addiction problem. His possession of methodone however indicates a positive step towards ridding himself of his addiction to heroin.

5. I agree with the submission made by Mr. Lee on his behalf that what this man needs is proper professional help and guidance if he can get it. For that reason, I therefore allow the appeal against the sentence, quash the sentence and remand the Appellant on bail to 9.30 a.m. on the 27th October 1988 for a probation report with special reference to his suitability for admission to a S.A.R.D.A. Centre.