A 26-year-old father was convicted of child abuse and possession of a dangerous drug by a Tuen Mun magistrate as his two young daughters – aged two and four – ate sweets containing cannabidiol he left on the table at their home in Tin Shui Wai last June.
The man was identified as CKW appeared at the Tuen Mun Magistrates’ Courts yesterday after pleading not guilty to two charges of ill-treatment or neglect to children and another for possessing dangerous drugs earlier.
Magistrate Raymond Wong Kwok-fai found him guilty of both charges and adjourned the case to February 19 for sentencing, pending the defendant’s background reports from a drug addiction treatment center.
The court has heard that the two daughters ate white gummies in their father’s bedroom on June 25 last year before they foamed at the mouths and experienced abnormal tremors and were taken to Tuen Mun Hospital.
Their mother testified that she suspected her daughters had consumed drugs in her estranged husband’s possession and requested a urine test for her girls.
Wong cited that the two daughters’ urine tests showed positive for the CBD substance, and a police officer had retrieved an empty pack of CBD sweets from a bin in the defendant’s home, calling it a reasonable inference that explained why the girls could have eaten it at home.
During the trial, the defense argued that the defendant’s admittance to the police that he had never thought his daughter would eat the CBD sweets hidden in the room was made under a police officer’s threat, who allegedly told the defendant “you better confess, otherwise we will investigate your family,” which caused the defendant to make a false statement.
But Wong refused to believe the argument, saying officers were trustworthy, and the defendant is an adult with working experience who would not make a detailed confession knowing that he would be facing serious charges just because of the phrase “investigating your family.”
The defense lawyer then pleaded that the defendant who worked as a construction worker was the only breadwinner of his family, including his 69-year-old father who had mobility problems, a younger brother and the two daughters.
The lawyer also said his client purchased the CBD gummies due to a poor mood as he was applying for divorce and was separated from his wife, and he does not take any drugs for the time being.
There is also a low possibility of a repeat crime as the two daughters have been placed under the care of their mother, the defense added.
But Wong said the defendant would be jailed for child abuse.
“Even though the defendant has a clear record, this case is rather a serious offence and a custodial sentence will be the only option,” Wong said.
CBD has been listed as a dangerous drug since February 1 last year under the Dangerous Drugs Ordinance. Anyone who possesses substances will be subject to a maximum penalty of seven years’ imprisonment and a fine of HK$1 million.
0 Comments