HKSAR V WHEELBAND PHILIP GEORGE

DCCC 208/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 208 OF 2010

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HKSAR
v
WHEELBAND PHILIP GEORGE (D2)

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Before :

Deputy District Judge Dufton

Date :

28 September 2010

Present:

Miss Virginia Lau, Senior Public Prosecutor, of the Department of Justice, for HKSAR
Mr Shaun Kelly instructed by Messrs Haldanes assigned bythe Director of Legal Aid, for D2

Offence:

Possession of a dangerous drug (管有危險藥物)

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REASONS FOR SENTENCE

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1. The defendant pleads guilty to one charge of possession of 7.9 grammes of cannabis resin, contrary to section 8 of the Dangerous Drugs Ordinance, Chapter 134 (charge 15).

2. At 00.05 on the 31st October last year the police executed a search warrant at the home of the defendant. The cannabis subject ofcharge 15 was found from the defendant’s right front trouser pocket.

3. The defendant originally faced 12 charges as a result of which he was refused bail. The defendant remained in custody until thirteendays ago when the High Court granted unconditional bail.

4. Mr Kelly submits that a person with no previous convictions for narcotic offences could realistically expect to be dealt with forpossession of 7.9 grammes of cannabis by way of a fine in the absence of any aggravating features. I agree with Mr Kelly that currentsentencing practice in the Magistrates court indicates a financial penalty would be imposed. There are no aggravating features inthis case. In view of the quantity a relatively substantial fine would be imposed.

5. Taking into account the period of time the defendant has spent in custody and that due to his current financial position I willimpose only a nominal fine. The defendant is fined $500.

(D. J. DUFTON)
Deputy District Judge

Application by D2 for leave to appeal against sentence to Court of Appeal dismissed. Please refer to CACC383/2010 dated 16 June 2011