HKSAR v. POON CHIN TO

DCCC457/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 457 OF 2011

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Reasons for Sentence

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1.  The defendant has pleaded guilty to an amended charge of possession of dangerous drugs, contrary to section 8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap.134. Initially, he had been charged with trafficking the same amount.

2.  The dangerous drugs that he has admitted being in possession of for his own consumption include 45 tablets containing 0.29 grammes of nimetazepam, 0.79 grammes of a solid containing 0.77 grammes of cocaine, and lastly, 2.99 grammes of a crystalline solid containing 2.95 grammes of “Ice”.

3.  The facts of this case were very straightforward.  Police officers noticed the defendant and another male rushing out of a building in Belcher’s Street, Western, Hong Kong.  It was not a building the defendant lived in.  The police officers intercepted the males, the defendant was searched and these three types of drugs were found on his person.

4.  Under arrest and caution, the defendant admitted that all the drugs were for his own consumption. 

5.  The defendant has previous convictions, six which include four possession of dangerous drugs convictions.  The defendant has been to the Drug Addiction Treatment Centre on three separate occasions. He was last convicted and sent to the Drug Addiction Treatment Centre in July last year.  Obviously, after his release he was under supervision and subject to recall, and when arrested for this offence in March this year, he was recalled. He was released from recall on 20 June but remanded in jail custody until today.

6.  On the last occasion after plea I called for a Drug Addiction Treatment Centre report, which I have before me today.  Now, at this moment he is no longer a drug dependent.  I am sure that is because you were recalled and have been in custody for some period of time.  

7.  I will not repeat the details of the report or mitigation that I have heard, but clearly the defendant came from a broken family.  He is now 31 years old and really has been brought up and looked after by his two aunts and an uncle.  Your uncle and aunts have been very supportive throughout your drug history, your continued remands in custody and are here today to continue to support to you.  You have promised them that this will be the last time you are in trouble with drugs.

8.  You have to understand that their support may run out if your promises are hollow, and without some family support, you are on a downward spiral.  

9.  As Drug Addiction Treatment Centre does not find you suitable for this centre, I will impose an immediate custodial sentence.    

10.  Possession of a dangerous drug - one type of dangerous drug such as “Ice” or heroin or cocaine would normally attract a custodial sentence of between 12 and 18 months. 

11.  In this case, we have three different types of drugs, two which I would classify as very serious addictive drugs.  I will take into account that the quantity is not a lot for each type, but it is relevant that it is three types of drugs, not just one.  The “Ice” you possessed was the largest amount of drugs on your person, 2.95 grammes, and that alone in my finding would attract a starting point of 18 months.  In addition, you are not a man of clear record, this is your fifth conviction for drugs.  When I then take into account the other two drugs, I am going to increase this 18 months starting point to 2 years.   

12.  I have said that although the prosecution has submitted a latent risk increase is appropriate, ultimately, I have found in the circumstance of this case and the quantity involved, I will not increase the starting point for a latent risk. 

13.  Ultimately, I take a starting point of 2 years’ imprisonment, for which you are entitled to a discount of one-third for your plea.  After this discount, you will be sentenced to 1 year and 4 months’ imprisonment.