HKSAR v. CHUNG MAN CHUNG

DCCC1091/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1091 OF 2008

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Reasons for Sentence

1.  The defendant pleads guilty to one count of possession of dangerous drugs contrary to Section 8 of the Dangerous Drugs Ordinance.

2.  Summary of Facts reveals that the defendant was arrested by police in connection with one burglary case.  During house search, 0.64 gramme of ketamine was found.  Under caution, the defendant claimed that the drug belonged to him.

3.  The defendant has five previous convictions, none related to drug.

4.  On the last occasion I adjourned the defendant’s sentence pending a DATC report.  DATC report indicates that the defendant is not a drug dependent and therefore unsuitable for DATC.

5.  Apart from that, the defendant also indicates to correctional services officer that the drug was kept for his dubious peer, and he, himself, had not touched drugs since his release from detention centre in year 2005.

6.  It seems the only option for this court is one of imprisonment.  I accept that he is only being charged for possession of dangerous drug.  However, I cannot ignore the fact that the drug was intended for trafficking, albeit social trafficking.

7.  Having considered the circumstances, I am of the opinion that without the element of trafficking, the appropriate starting point in this case is one of 9 months’ imprisonment.  Given the admission made by the defendant, an additional 3 months would be given for the latent risk.

8.  The defendant will be given the usual one-third discount for his plea.  For the sole offence the defendant stands convicted, he is sentenced to 8 months’ imprisonment.

9.  Defendant, please stand.  You are sentenced to 8 months’ imprisonment.