COURT: The defendant has pleaded guilty to one count of dangerous driving, contrary to section 37 of the Road Traffic Ordinance; one count of obstructing police officers, contrary to section 36(b) of the Offences Against the Person Ordinance; and one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance. He is committed to this court for sentence.
In the evening on 22 July 2023, the defendant illegally stopped his car at Tong Ming Street, Tseung Kwan O. When police officers approached the defendant’s car with a view to issue a traffic ticket, the defendant tried to flee the scene. The rear mirror of his car hit one of the police officers, causing an abrasion on his hand.
The defendant drove away at high speed and disobeyed traffic lights. He managed to escape and was out of the police sight for a while. The speed was so high that ultimately, the defendant crashed his car into one lamppost at Po Hong Road with its windscreen completely broken and airbag inflated. The defendant was found lying on the ground and sustaining multiple injuries. He was then taken to hospital by ambulance.
A search of the defendant’s car yielded 21.52 grammes of methamphetamine hydrochloride. The street value of the methamphetamine was estimated to be over HK$12,000.
The defendant is now 31, educated up to Form 2 level. Prior to his arrest, he worked as a warehouse attendant, making $15,000 a month. And the defendant has 12 criminal records, including multiple offences. In particular, he has one trafficking in a dangerous drug, one assaulting police officer and one dangerous-driving record.
Right. I first deal with the more serious one, ie Count 3. A starting point for trafficking in 21.52 grammes of methamphetamine based on quantity alone would be one of 7 years and 9 months’ imprisonment. Without further evidence pointing to otherwise, the defendant will be treated as a simple courier at the night. This, as pointed out, is not his first trafficking record. As such, the sentence will be increased by 6 months to one of 8 years and 3 months’ imprisonment. After a plea, the sentence is therefore reduced to one of 66 months’ imprisonment.
As to the 1st count of, right, dangerous driving, this is his second conviction according to the criminal record. He was fined $2,500 and disqualified for 6 months in respect of his first conviction in November 2024. The offence day was 10 July 2023, a date pre-dated the present case. It was only 12 days before the present case. Right. This time, it was a much more serious dangerous driving. Right. The defendant drove not only in high speed but also disobeyed traffic light and crashed seriously onto a lamppost. So he was driving in complete disregard of the safety of other road users, be they the pedestrians or other vehicle drivers. His manner of driving posed a dangerous and significant risk to the safety of other road users. Fortunately, on this occasion, no other road user was injured.
Because of the defendant’s frequent disregard of traffic regulations, the starting point for this dangerous driving would be fixed at 9 months’ imprisonment. After a plea, the sentence is reduced to 6 months’ imprisonment. It is ordered that the defendant be disqualified for a period of 5 years from holding or obtaining a driving licence after he is released from prison.
As stated in the Summary of Facts of the first conviction, the defendant was dangerously driving on that occasion. He was crossing a double white line and was driving on the opposite lane of the road in question. On this occasion, as mentioned, traffic lights and traffic markings were only, in my view, optional to the defendant. They were all meaningless to the defendant. As such, it is further ordered that the defendant be disqualified until he has passed the driving test again.
As to the obstruction charge, this again is his second record, the last one in 2010, assaulting a police officer under the same provision of the same ordinance. Given the minor injuries sustained by the police officer, the starting point on this occasion would be one of 3 months’ imprisonment. On a plea, the sentence is reduced to 2 months’ imprisonment.
After a careful consideration of the circumstances of the case, in particular, the manner in which the three offences were committed, it is ordered that all sentences are to run consecutively to each other, thus making a total of 74 months’ imprisonment. For the three counts of offences that the defendant stands convicted, he is therefore sentenced to a total of 74 months’ imprisonment.