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DCCC732/2012
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 732 OF 2012
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| Before:
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District Judge Tallentire
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| Date:
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19 November 2012 at 10.19 am
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| Present:
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Mr Gary Fung, Counsel on fiat, for HKSAR
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Mr Choi Kai-hung Danny, instructed by Y L Yeung & Co., assigned by the Director of Legal Aid, for the Defendant
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| Offence:
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Trafficking in a dangerous drug (販運危險藥物)
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Reasons for Sentence
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1. Defendant you were originally charged with trafficking in dangerous drugs but denied that offence whilst indicating that you would plead guilty to simple possession of dangerous drugs, contrary to section 8 of the Dangerous Drugs Ordinance, Cap.134.
2. After carefully considering the evidence presented I convicted you of the latter offence, the lesser offence.
3. The facts of this case are fully rehearsed in my verdict and I do not need or intend to repeat them, save to say that you were found in a car in a car park in the early hours of the morning in possession of 111.62 grammes of powder containing 66.77 grammes of ketamine.
4. You admitted to 11 previous convictions on six separate occasions, one of which the latter was subsequent to the commission of the present offence and that resulted in a sentence of DATC, which you are still serving. Five of those offences are drug-related.
5. In view of the fact that I convicted you of simple possession I was obliged to adjourn for a DATC report, having in mind prison. That report is now before the court and does recommend a further sentence of DATC. I have fully noted its contents and take those into account.
6. On your behalf Mr Choi entered mitigation. The mitigation was short. In fairness, it could only be short given the circumstances.
7. He told me that you agree with the contents of the DATC report; that you are very remorseful for what you have done, and indicated that your family are standing by you, witnessed by their continuing to visit you while in custody.
8. Mr Choi, quite rightly, pointed to your difficult childhood and your longstanding drug addiction. He urged me to consider the making of a further DATC Order so you could continue your treatment. However, fairly and realistically, he acknowledged that in a succession of numerous cases the Court of Appeal had recognised the existence of latent risk of the possession of dangerous drugs in quantities such as these. By latent risk I mean the possibility that drugs will find their way into society rather than for use simply by yourself.
9. If prison was to be imposed, he begged for leniency on your behalf. He pointed out that your time spent in DATC would not count towards any sentence. He asked me to take into account your relative youth, being 25, and that you had indicated a plea of guilty to simple possession from a very early stage.
10. He produced a letter in English which you yourself had written. I do appreciate that sentiment, that you took that trouble. I have read that letter and considered it.
11. I turn now to the sentence.
12. You are convicted on your own admission of possession of approximately 67 grammes of ketamine. Had this been a case of trafficking, then the range, as I am sure you have been advised by Mr Choi, would be in the range of 6 to 9 years’ immediate imprisonment. That, of course, is not the case.
13. I note in your favour your acceptance of the dangerous drugs from an early stage and that you ensured that no blame would attach to your younger brother who was in the car with you.
14. I note also that you have an undistinguished criminal record, especially involving dangerous drugs, and a deep-rooted addiction.
15. I also take into account the fact the period served in DATC will not count towards your sentence is of your own making because of offences that you committed.
16. Given the amount of ketamine involved in this case there is a clear and obvious latent risk. In my opinion, for such levels, DATC or a further DATC Order would be totally inappropriate. The offence is simply too serious.
17. I note with approval that your family are supporting you and that hopefully this presents some hope for the future but it is only from yourself will come the real help.
18. In this case I take as a starting point 27 months’ imprisonment, reduced to 18 months. You will go to prison for 18 months.
19. Finally, I thank both counsel for their assistance in this case.
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