CRIMINAL CASE NO. 142 OF 2009
COURT: Defendant, you have been found guilty by the jury after trial in relation to the charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134, Laws of Hong Kong, the drugs in question being 8.91 grammes of a crystalline solid containing 8.81 grammes of methamphetamine hydrochloride, commonly known as “Ice”, and 38 tablets and two tablet fragments containing a total of 0.59 grammes of midazolam.
These drugs were found by police in the place that you were lodging in at Room 3, 1st Floor, No. 445 Shanghai Street, together with typical trafficking paraphernalia, including electronic scales, bundles of straws, and plastic packets.
In addition to this, you pleaded guilty to an offence of possession of false instruments, contrary to section 75(1) of the Crimes Ordinance, the false instruments being four forged credit cards which were found inside your wallet at the time of your arrest.
You told the police that you resorted to obtaining these forged credit cards due to unemployment, at a price of $2,000 each. What you intended to do was to use the credit cards to purchase brand name goods and then resell the goods in order to obtain money. You told the jury that you came back from Canada in May of 2006, and since then, your fall from grace has been quite spectacular. You have three previous convictions, all drug-related offences, your first offence being in July of 2007.
` With regard to the offence of trafficking in dangerous drugs, the quantity of “Ice” that you were found to be in possession of, some 8.8 grammes of narcotic, puts you towards the upper end of the lower sentencing bracket. Up to 10 grammes attracts a sentence of 3 to 7 years’ imprisonment. In addition, you had 38 tablets and two tablet fragments of a small amount of midazolam.
Accordingly, on the count of trafficking in dangerous drugs, the appropriate sentence is one of 6 years’ imprisonment.
With regard to the offence of possession of false instruments, I take into account that you had only recently obtained these cards, and had not used them; the size of the operation was clearly small; and there was no international dimension. I am also satisfied that you are not part of any syndicate engaged in the manufacture of these cards. However, any offence involving possession of forged credit cards is treated seriously, as there is a potential for huge losses to be incurred, and these offences damage Hong Kong’s commercial reputation both at home and overseas.
I adopt a starting point of 4 years’ imprisonment. I will discount that by one-third to take account of your plea of guilty, coming to 2 years and 8 months’ imprisonment on the count of possession of false instruments.
As this offence is a completely separate and distinct offence from the offence of trafficking in dangerous drugs, the sentence of 2 years and 8 months’ imprisonment should properly be ordered to run consecutively to the sentence of 6 years that I have imposed on the charge of trafficking in dangerous drugs.
However, due to the question of totality of sentence, I order 20 months to run consecutively to the term of 6 years, arriving at a sentence of 7 years and 8 months’ imprisonment.
I decline, for reasons of mercy, to activate the suspended sentence imposed on you in November of 2007. The offence was, in any event, different in nature, and, in my view, a suspended sentence of imprisonment is wrong in principle for a person who is addicted to drugs; an addiction that you clearly had at that time, evidenced by the fact that you were sent to a drug addiction treatment centre only 4 months later.
The total period of imprisonment therefore is one of 7 years and 8 months.