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DCCC 1000/2012
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 1000 OF 2012
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| Before: |
HH Judge Tallentire |
| Date: |
30 May 2013 at 10.12 am |
| Present: |
Ms Nisha Mohamed, Counsel on fiat, for HKSAR |
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Mr William G Allan, instructed by Kent Tam & Co, assigned by the Director of Legal Aid, for the defendant |
| Offence: |
(3) Possession of a dangerous drug (管有危險藥物) |
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Reasons for Sentence
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1. Defendant, you have pleaded guilty to a single offence of possession of dangerous drugs, contrary to sections 8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap 134. You admitted the Brief Facts and I convicted you.
2. Briefly, what happened is this. On 26 April of 2012, you were intercepted by Detective Sergeant 54699 outside the McDonald’s at Tai Wo, Tai Po. You dropped a blue metal box into a nearby flowerbed. You were subdued, arrested and cautioned. Thereafter, the box was retrieved and found to contain two plastic bags of suspected dangerous drugs. Subsequent analysis showed the dangerous drugs to be 0.54 grammes of methamphetamine hydrochloride which is “Ice.”
3. You are a man of hitherto clear record. I indicated at this point to Mr Allan who represents you that it would be my intention for reasons that I explained to impose a small fine. Quite properly, Mr Allan put on record the following: you accepted the contents of the probation officer’s report; you were originally remanded in custody for approximately five months on another offence, the offence for which I found you not guilty; you indicated a plea of guilty at the earliest opportunity to this offence; as we know, you are of clear record; and the amount of drugs involved is small.
4. I turn now to the sentence. It seems to me the situation is this that you have served the equivalent of almost an 8-month prison sentence though that was based upon, as I said, the offence for which you were acquitted. That, in my opinion, should be weighed against the sentence for the present offence to which you plead guilty.
5. You are of clear record. You indicated a plea of guilty from the outset. Therefore, in this case, there will be a fine of $1,000.
(Discussion re fine)
6. From bail with consent.
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