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DCCC10/2009
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 10 OF 2009
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Before:
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Deputy District Judge Mierczak
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Date:
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3 March 2009 at 3.04 pm
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Present:
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Miss Lo Shui-ling, Sabra, PP of the Department of Justice, for HKSAR
Mr Henry Chiu Tuen-ting, of Henry Chiu & Partners, assigned by the Legal Aid Department, for the Defendant
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Offence:
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Possession of a dangerous drug (管有危險藥物)
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Reasons for Sentence
1. The defendant originally appeared before me on 16 February 2009 charged with one count of possession of a dangerous drug. It is 4.59 grammes of heroin. He pleaded guilty to such matter and admitted the facts. Shortly, they are that the defendant was intercepted about 12.30 pm on 7 November last. He was seen to put something in his mouth. A search revealed 38 granules of heroin. He was arrested and cautioned and admitted it was white powder for his own consumption.
2. A record was produced which showed 12 previous dangerous drugs matters, being seven for possession of dangerous drugs and five for trafficking in dangerous drugs or related thereto. The defendant admitted such record.
3. I adjourned the matter to today for a Drug Addition Treatment Centre suitability report. Such is forthcoming and it has been read over, explained to and agreed by the defendant. It states he is no longer a dangerous drug-dependant and for that reason is considered not suitable for admission to a Drug Addiction Treatment Centre.
4. In further mitigation before me today he asks for leniency and that I consider his plea of guilty to the matter as well as the fact that he admitted the same straightaway upon his arrest.
5. The authorities suggest that those not suitable for Drug Addiction Treatment Centre orders should go to prison. To my mind, the offence is aggravated for two reasons. One is the latent risk with respect to the 4.9 grammes of heroin possessed which is not a small amount by any means. Secondly, the defendant is a persistent dangerous drug offender.
6. In all the circumstances here, I am going to take a starting point of 15 months’ imprisonment. It is a slightly higher starting point for the elements of aggravation that I have referred to. The defendant will get the full one-third discount with respect to his plea of guilty. Accordingly, he will be convicted and sentenced to 10 months’ in prison.
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Mierczak |
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Deputy District Judge |
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