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HCMA000023/1995
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
MAGISTRACY CRIMINAL APPEAL NO. 23 OF 1995
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| BETWEEN |
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THE QUEEN |
Respondent |
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LEE YUEN LING |
Appellant |
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Coram: The Hon. Mr. Justice Wong in Court
Date of Hearing: 23rd March 1995
Date of Delivery of Judgment: 23rd March 1995
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JUDGMENT
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1. On 23rd November 1994, the appellant appeared before a magistrate and pleaded guilty to one charge of possession of dangerous drug and was sentenced to 9 months' imprisonment.
2. The facts were that at about 1040 hours on 30th July 1994, the appellant was stopped by two police constables on patrol at the junction of Hei Lung Lane and Temple Street, Yaumati. A search was conducted and inside her handbag the officers found a plastic bag containing 23 plastic bags of a mixture of 8.36 grammes containing 3.13 grammes of salts of esters of morphine. On 11th November 1994, the appellant was sentenced in another court to detention in the Drug Addiction Treatment Centre for an offence of theft.
3. Before me, the appellant asked not to be sent back to the Drug Addiction Treatment Centre after she had served her prison sentence because she would have got rid of her habit after 9 months. There is an element of common sense. There would be no point to send her back if she manages to quit her drug habit.
4. Accordingly, I would allow the appeal, quash the DATC order and increase the sentence of 9 months to 12 months' imprisonment.
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(Michael Wong) |
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Judge of the High Court |
Representation:
Mr. W.S. Cheung, D.P.C.C. & W. Chan, C.C. for the Crown.
Appellant in person.
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