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DCCC445/2010
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 445 OF 2010
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HKSAR |
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v. |
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Wong Chi-ho Henry |
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Before:
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H H Judge Tallentire
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Date:
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11 October 2010 at 10.39 am
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Present:
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Mr Richard Donald, Counsel on fiat, for HKSAR
Mr Ng Kin-man, Ken, instructed by Messrs Yeung & Chan, assigned by the Director of Legal Aid, for the Defendant
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Offence:
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(1) Trafficking in a dangerous drug (販運危險藥物)
(2) Assaulting a police officer in the due execution of his duty
(襲擊在正當執行職務的警務人員)
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Reasons for Sentence
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1. Defendant, you pleaded guilty to one offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134, and to one offence of assaulting a police officer, contrary to section 63 of the Police Force Ordinance, Cap.232.
2. You admitted the facts and I convicted you.
3. The facts briefly were as follows.
4. At around 4.10 am on 13 March of last, two police officers spotted you in Cameron Road, Tsim Sha Tsui. They intercepted you and, upon searching your black shoulder bag, found a transparent re-sealable bag containing 81 transparent, re-sealable plastic bags containing suspected dangerous drugs.
5. PW2 arrested you for possession of dangerous drugs. When the officer tried to handcuff you, you suddenly put up a struggle and resisted arrest. PW1 and PW2 then tried to subdue you, and in the course of this struggle, you all fell to the ground.
6. Finally, you were arrested and handcuffed. The plastic bag containing the suspected dangerous drugs was seized.
7. During a subsequent interview under caution, you admitted, inter alia, that:
(a) you had purchased the packet of cocaine from Ar Ming for $6,000;
(b) the drugs were for self-consumption; and
(c) that you had assaulted PW1.
8. PW1 was taken to Queen Elizabeth Hospital and treated. The injuries were as shown in the medical report. He was given 3 days’ sick leave.
9. Subsequent analysis showed the dangerous drugs to be 22.69 grammes of solid containing 20.20 grammes of cocaine, with a street value of $20,466; you trafficked in dangerous drugs.
10. You admitted to four previous convictions on four occasions, two of which involved drugs.
11. On our behalf, Mr Ng submitted that part of the drugs were for self-consumption. Therefore, I adjourned the case for a DATC report to test your level of addiction.
12. That report is before the court. I understand from Mr Ng that you agree with its contents, and I have taken those contents fully into account when arriving at the sentence.
13. Whilst the report says that you are no longer addicted to dangerous drugs, due in large part to your 7-month incarceration, the report does confirm that you have been addicted and taken drugs since 2001.
14. Taking this into account, the submissions of counsel, the facts of the case, and what you said to the police at the time, I am prepared to accept that part of the drugs would have been for your own consumption.
15. Having said that, it is impossible to know exactly how much would have been for self-consumption. Therefore, my approach is to take a slightly lesser starting point.
16. In mitigation, Mr Ng reiterated that part of the drugs would have been for your own self-consumption. He stressed your remorse and plea of guilty. He indicated that family were here to lend support to you today.
17. He indicated that on a rough calculation, the normal starting point for this amount of cocaine would be about 69 months’ imprisonment, and he asked me to reduce that starting point.
18. I turn now to the sentence.
19. As I have said, I am prepared to accept that part of the drugs were for self-consumption, and therefore I am prepared to take a slightly lower starting point.
20. I do note that after your initial assault on the police officer, you were relatively cooperative with the police. I do note that you have been involved with drugs for some time. Indeed your criminal record is undistinguished. I note that the family are supporting you.
21. In all the circumstances, as I indicated, I will take a slightly lower starting point. The starting point I take on the offence of drugs trafficking is one of 5 years’ imprisonment, reduced to 40 months.
22. In respect of the assault on the police officer, no assaulting police officers are acceptable. In my opinion, it is only in exceptional circumstances that a non-custodial sentence is appropriate.
23. However, this was at the lower end of the scale. Fortunately, the injuries to the officer were very slight. You are not a man with a history of violence.
24. Therefore, I take in this case a starting point of 21 days’ imprisonment, reduced to 14. You go to prison for 14 days, which will be served consecutively to your existing sentence.
25. Therefore, to make it entirely clear, the sentence you will serve will be one of 40 months and 14 days.
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Tallentire |
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District Judge |
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