HKSAR v. LO LEUNG MING

DCCC 846/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 846 OF 2015

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REASONS FOR SENTENCE

The defendant pleaded guilty to a charge of "Possession of a dangerous drug". The dangerous drug involved is cocaine.

Summary of Facts

2.  About 1:30 am on 9 July 2015, PC 10198 stopped the defendant for enquiry at Ground Floor, No.315 Nathan Road, Kowloon.  Upon search, a transparent resealable plastic bag was found between the defendant's hip and his trousers.  It contained 109 packets which contained a total of 20.00 grammes of a solid containing 16.90 grammes of cocaine.

3.  The defendant remained silent at the scene and in his subsequent video recorded interview.  No drug-related paraphernalia were found on him or at his residence in Tsing Yi.

Mitigation & Sentence

4.  The defendant is now 25 and has 4 conviction records, which include 1 "simple possession" offence (dated September 2010).  He is single and resides with his parents and elder brother.  Defence lawyer Mr. LEE informed me that the defendant is a transportation worker earning $15,000 per month. 

5.  In mitigation, Mr. LEE submitted that the defendant has a history of addiction for about 9 years.  He began with ketamine and started cocaine in June 2015.  Mr. LEE also submitted that all the cocaine found was for the defendant's self-consumption.  He would go through 3 packets per day, and the entire quantity would last him for a month.  The defendant purchased the drug at $18,000 in order to enjoy a significant discount.

6.  According to the DATC Report, the defendant is not a drug dependant.  But intriguingly, it mentions what the defendant had said about the purposes of the cocaine found in the present case as well as his illicit drug dealings in the past[1].  Mr. LEE submitted that the defendant has never told the CSD officer so.  In any event, irrespective of what the defendant had said, I can and will only sentence him on the basis of "simple possession".  And of course, I will duly consider the latent risk factor in my determination of the proper starting point.

7.  Although a DATC Order is not necessary, an immediate custodial sentence is inevitable in the present case.  A total of 16.90 grammes of cocaine (packaged in 109 packets) were involved in the present case.  When considering the proper starting point, I have borne in mind the 3-step approach laid down in HKSAR v WAN Sheung Sum [2000] 1 HKLRD 405.

8.  First, the defendant not being a fresh offender of "simple possession", for the quantity and nature of the drug involved, I adopt a starting point of 15 months' imprisonment.  Second, the packaging of the drug must be a latent risk factor.  It is plain that the risk is high.  I will add 12 months to reflect it.  In other words, the starting point shall be 27 months.  With the guilty plea, the sentence is reduced to 18 months.  I sentence the defendant to 18 months' imprisonment.