COURT: Kelly So, I am not going to read out a sermon about the dangers of dangerous drugs. They are well known in Hong Kong, and you, as a drug abuser for a number of years, are well aware of them.
I accept that you were infatuated with Ricky Chan, and to some extent under that man’s influence.
You have a previous conviction for an offence of possession of dangerous drugs, as well as convictions for Customs & Excise offences. I do not propose to treat your minor criminal record as an aggravating factor when it comes to the question of the determination of your sentences.
As your counsel, Mr Collins, realises, and no doubt as he has advised you, your only mitigation is your plea of guilty to these offences, and you will receive the full one-third discount which is now generally given for pleas of guilty.
Turning to the six counts on the indictment; I readily accept Mr Collins’ contention that I should treat the two trafficking in dangerous drugs counts as representing one course of criminal conduct.
As individual sentences have to be passed in respect of each offence, I am of the view that the appropriate sentence for the 1st count of trafficking, which is concerned with 2.86 grammes of a solid containing 2.44 grammes of cocaine, that after trial, a sentence of 2½ years’ imprisonment would have been appropriate. Giving you a full one-third discount, that according to my calculations, takes it down to a sentence of 1 year and 8 months’ imprisonment.
Count 2, is concerned with a cocktail of dangerous drugs of various types and descriptions: I do not think any useful purpose is served in assessing sentences for each individual type of drug involved. I am of the view that in respect of the entire cocktail of drugs encompassed in that count, that after trial you would have been looking at a sentence of in the region of 13 years’ imprisonment. This is particularly in view of the fact there was a considerable amount of “Ice” involved as well as a not insignificant amount of cocaine.
Giving you the one-third discount to reflect your plea of guilty, your sentence in respect of the 2nd count is one of 8 years and 8 months’ imprisonment.
I make it clear now, and I will make it clear later, that your sentences in respect of Counts 1 and 2 are to be served concurrently with each other.
The authorities that Mr Collins cited to me this morning in relation to the Home Visit Permit and the identity card offences, Counts 3, 4 and 5 on the indictment, satisfy me that in circumstances such as those I am faced with in your case, a relatively minor sentence of 3 months’ imprisonment in respect of each offence is appropriate. Taking account of your pleas of guilty and giving you a one‑third discount, your sentence in respect of each of those three offences is one of 2 months’ imprisonment. Again I make it clear that those sentences are to be served concurrently with each other.
Count 6 relates to the possession of a stolen credit card, Offences relating to the theft, possession and handling of stolen credit cards are regarded as serious offences in Hong Kong. However, in your case, there is no evidence of what you intended to do with this card, other than that I am told in mitigation it was being held as some form of pledge given to you by one of your customers. Certainly there is no indication that you yourself used it to obtain goods or services.
Guided by the authorities that Mr Collins cited to me this morning, I take the view that 3 years’ imprisonment would be the appropriate starting point sentence for this offence, and after giving you a one-third discount to reflect your plea of guilty, that takes your sentence down to one of 2 years’ imprisonment in respect of that offence.
Strictly speaking, the sentences I have passed on you in respect of Counts 3, 4, 5 and 6 should be served consecutively to the sentences I have passed on you in respect of Counts 1 and 2, the 1st and 2nd counts, but that would lead to you being in prison for a period of 10 years and 8 months. I take the view that that is too long, and I am applying what is known as the totality principle.
What that means is this; the sentences passed in respect of Counts 3, 4 and 5, relating to the identity cards and the Home Visit Permit, are to be served concurrently with the sentences passed in respect of Counts 1 and 2, the trafficking in dangerous drugs counts; and a period of 1 year and 8 months of the 2-year sentence passed on you in respect of the handling stolen goods count, the 6th count, is to be served concurrently with the sentences passed on you in respect of Counts 1 and 2; and, it should also be said, concurrently with the 2-month sentences in respect of Counts 3, 4 and 5.
That means that only 4 months of the 2-year sentence imposed in respect of Count 6 is to be served consecutively to the sentence of 8 years and 8 months’ imprisonment imposed on you in respect of Count 2.
That all means that the total period of your imprisonment for the six offences on the indictment is to be one of 9 years.