HKSAR v. CHEUNG KWOK LEUNG

DCCC37/1993

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 37 OF 1993

----------------------

---------------------

Reasons for Sentence

---------------------

1.  The defendant pleaded guilty to a charge of trafficking dangerous drugs, namely 89.12 grammes of a mixture containing 35.92 grammes of salts of esters of morphine.

Facts of the case

2.  The police found the defendant sitting in one of the rooms inside a flat.  He was holding some plastic bags in his hand.  On his bed, a numerous of items were found, five plastic bags containing the drugs in question, a syringe containing some small quantity of salts of esters of morphine, a grinder, metal scale, several bags of caffeine and large number of plastic bags. 

3.  He was arrested for the offence. Under caution, the defendant admitted that the white powder belonged to him.  He packed and stored and delivered the drugs for another person for a reward of $300.

4.  The defendant absconded on the day of trial that was 10 November 1993, he subsequently surrounded to police on 17 October 2011.  

The defendant’s record

5.  The defendant have five convictions:-

(i) In 1986 for theft

(ii) In 1993 for an offence of possession of dangerous drugs.

(iii)In November 2011, he was sentenced to a total term of 17 months for three offences of possession of dangerous drugs in Shatin Magistracy and Fanling court and these three offences were committed after the present offence.

Mitigation

6.  The defendant is 52 now.  At the time of committing the present offence he was a drug addict.  Before he absconded to China in 1993, his wife left him with the 2 years old daughter. 

7.  Since their sudden departure, the defendant committed three further offences which had been dealt with by the Shatin and Fanling Magistracies.    

8.  The defendant stayed in Shenzhen and led a fugitive life.  He worked as a cook to support his girlfriend and her son.  The defendant’s father passed away in 2007 and his mother is now 72 years old and suffered from pneumonia, a cheat problem that needed to be treated.

9.  In his letter and all his siblings letters to this court, they all told me that he wanted to serve his sentence and after his discharge from prison, he wishes to be a responsible son to look after his mother.  Lastly, I am told that he is no longer a drug addict. 

Sentence

10.  The defendant committed the present offence in 1993, the applicable guideline for this type of offence is Chan Chi Ming CACC1167/1978. 

11.  The Court of Appeal laid down guideline and general conditions for this type of offence.  In the present case, the drugs concern was 89.12 grammes of a mixture containing 35.92 grammes salts of esters of morphine, it falls into the sentencing bracket of small quantity about 30 to 150 grammes, a arrange of 3 to 5 five years sentence. 

12.  I therefore adopt a starting point of 3 years and reduce to 2 years to reflect his guilty plea.  I also take into account of the principle of totality and order one year to be run consecutively to his present sentences.