HKSAR v. CHI KIN LUNG

DCCC503/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 503 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a single charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134, Laws of Hong Kong, the particulars being that you on 12 March of this year, at the place named in the charge, unlawfully trafficked in a total narcotic quantity of 9.46 grammes of methamphetamine hydrochloride and 6 tablets containing 0.03 gramme of nimetazepam.

2.  The amended Summary of Facts which you have agreed establish that at the material time, whilst the taxi that you were travelling in approached the roadblock, you were seen to throw some items out of the window.  Those items were the drugs, being the subject matter of the charge, contained in several resealable plastic bags together with some empty resealable plastic bags.  You were arrested at the scene, and under caution, told the police that you possessed the drugs for your own consumption.  However, also found on you at the time were 27 empty resealable plastic bags and some electronic scales.

3.  You are 34 years of age and up until the time of your arrest had been working as a public light bus driver earning some $10,000 per month.  You do have a number of previous convictions, including two convictions for possession of dangerous drugs, the most recent of which was in August of 2010 when you were sent to a drug addiction treatment centre.

4.  In mitigation, I have been told that you are addicted to “Ice” and that some of the drugs that you had disposed of were for your own consumption.  I am prepared to accept that some of these drugs may have been for your own consumption.  You recently have been discharged from a drug addiction treatment centre, but I am satisfied that the majority of these drugs were for unlawful trafficking.  This is borne out not only by the relatively large quantity of drugs but also by the amount of empty resealable plastic bags and scales that were found on you at the time.  Nevertheless, I will adjust the starting point marginally to reflect the fact that a small amount of these drugs were for your own consumption.

5.  9.46 grammes of narcotic is very close to the upper limit of 10 grammes for the purposes of sentencing in this sentencing bracket.  I propose to adopt a starting point of 6 years’ imprisonment. There are in addition to your plea of guilty special circumstances on the papers which justify a lenient view to be taken.  So, accordingly, I propose to discount the sentence of 6 years by 30 months to reflect your plea and other matters, arriving at a sentence of 3 and a half years’ imprisonment.