HKSAR v. JAREEN

HCMA 690/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO 690 OF 2016

(ON APPEAL FROM ESCC 3570/2016)

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J U D G M E N T

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1.  The Appellant pleaded guilty in the Magistrates’ Court to a charge of stealing a bicycle, which she was caught in the act of taking away, and of possession of dangerous drugs, namely 0.03 grammes of a crystalline solid containing methamphetamine hydrochloride, commonly known as “Ice”, those drugs being found in a bag which she was carrying at the time of her arrest for stealing the bicycle.

2.  She was sentenced to a total of 6 months’ imprisonment by way of concurrent terms of 6 weeks’ imprisonment for the theft, and of 6 months’ imprisonment for possession of dangerous drugs. 

3.  She is a drug dependent, but is unsuitable for admission to a Drug Addiction Treatment Centre because her immigration status in Hong Kong renders the statutory one-year supervision impractical.

4.  She appeals against sentence, saying that 6 months’ imprisonment is too long for the small quantity of “Ice” which she had in her possession for self-use. 

5.  Her background is a sad one.  However, while I have sympathy for her plight, I do not find any basis for saying that the Magistrate passed a sentence which is beyond the appropriate range or which fails to take duly into account any mitigation available to the Appellant. 

6.  The appeal must be dismissed, and I dismiss it.