HKSAR v. CHAN HON HOI

 DCCC365/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 365 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to two charges of driving a motor vehicle under the influence of drugs, contrary to section 39(1) of the Road Traffic Ordinance, Chapter 374, Laws of Hong Kong, and two corresponding charges of inhaling a dangerous drug, the drug in question being ketamine, contrary to section 8(1)(b) and (2) of the Dangerous Drugs Ordinance, Chapter 134, Laws of Hong Kong.

2.  The Summary of Facts which you have admitted indicate that in the afternoon of 2 January 2010, the police received a report of a traffic accident. When they arrived at the scene, they found your taxi had rammed into a lamppost at Cornwall Street near the junction of Beacon Hill Road. You were trapped in the driver seat. You were incoherent at the time and taken to hospital where white powder, which proved to be ketamine, was found in your nostril. These are Charges 1 and 3.

3.  On 20 January 2010, after you had been placed on bail pending police investigations into the earlier incident, you picked up a fare at Hunghom Railway Station. Whilst heading for a hotel in Hunghom, you drove erratically, stopping at traffic lights when the lights were green and later on running through red traffic lights, driving which, in my view, although not charged, is perfectly consistent with dangerous driving.

4.  Your passengers became frightened due to the manner of your driving, and indeed when you stopped at traffic lights, the two passengers in the back took the opportunity to get out of the taxi. Whilst the passenger in the front tendered the fare to you and opened the door, you ignored her and proceeded to drive off, prompting the passenger to jump out of your vehicle. The police arrived and found you to be speaking incoherently and unable to stand properly on your feet. These facts relate to Charges 2 and 4.

5.  You are 29 years of age and single. I am told that you have been driving taxis since 2007. You have an extremely poor record of driving convictions, having been disqualified under the points system on no less than four occasions. In addition to this, you have four previous convictions, three of which are for possession of dangerous drugs. Indeed, your last offence was for such an offence when you received a sentence of 14 days’ imprisonment suspended for 12 months.

6.  I can tell you that I take a most serious view of these offences. In my judgment, save for only the most exceptional circumstances, a sentence of imprisonment should be the norm for those drivers of public vehicles such as taxis and buses who drive whilst under the influence of drink or drugs. Public safety is paramount and where this is compromised by drivers of such vehicles who choose to drink or take drugs, severe penalties must be expected.

7.  With regard to the present offences, you were manifestly incapable of driving your taxi on both occasions safely due to inhaling ketamine. On the first occasion, you piled your taxi into a lamppost, causing serious damage to the have; and on the second occasion, your driving was so erratic to cause the passengers sufficient alarm to escape your vehicle.

8.  On the 1st charge, I take as my starting point a sentence of 12 months’ imprisonment. This will be reduced by one-third to take account of your plea of guilty, coming to 8 months’ imprisonment on Charge 1.

9.  With regard to Charge 2, this offence is aggravated by the fact that it was committed whilst you were on bail and whilst passengers were in your vehicle. Due to this, I take a higher starting point of 15 months’ imprisonment which again will be reduced by one-third to take account of your plea of guilty, coming to 10 months’ imprisonment on Charge 2. I order this sentence to run consecutively to the sentence on Charge 1.

10.  In addition, in relation to both Charges 1 and 2, I order you to be disqualified from holding or obtaining a driving licence for a period of 12 months in relation to each charge. The period of disqualification is to run consecutively to each other, making the total disqualification period one of 2 years.

11.  With regard to Charges 3 and 4, I adopt a starting point of 6 months’ imprisonment in relation to each charge. This will be reduced to 4 months’ imprisonment on each charge to reflect your plea of guilty, but due to the question of totality of sentence, I order these sentences to run concurrently with the sentence on Charge 1, coming to a sentence of 18 months’ imprisonment.

12.  As these offences were committed during the period of suspension of the sentence of 14 days’ imprisonment imposed on you in September of last year, I activate that sentence of 14 days and order it to be served consecutively to the total sentence of 18 months’ imprisonment, arriving at an overall sentence of 18 months and 14 days’ imprisonment in all.

13.  In addition, pursuant to section 72A(1A) of the Road Traffic Ordinance, Chapter 374, I order you to attend and complete a driving improvement course.