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DCCC 583/2014
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 583 OF 2014
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| Before: |
HH Judge Woodcock |
| Date: |
4 September 2014 at 10.01 am |
| Present: |
Mr Hui Hin-cho, Joe, PP of the Department of Justice, for HKSAR |
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Mr John David Andrew Ip, of John Ip & Co, assigned by the Director of Legal Aid, for the defendant |
| Offence: |
(1) and (2) Trafficking in a dangerous drug (販運危險藥物) |
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(3) Possession of a dangerous drug (管有危險藥物) |
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(4) Possession of apparatus fit and intended for the inhalation of a dangerous drug (管有適合於及擬用作吸服危險藥物的設備) |
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Reasons for Sentence
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1. Defendant, you pleaded guilty on the last occasion to two charges of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.
2. Those two charges, Charges 1 and 2, involved a total of 45.63 grammes of ketamine. For Charge 1, 2.8 grammes of ketamine was found on your person, and for Charge 2, 42.83 grammes of ketamine was found at your home in a safe.
3. You have also pleaded guilty to one charge of possession of a dangerous drug, contrary to section 8(1) and (2) of the same ordinance. The drugs of that charge was 2.06 grammes of “Ice”. The fourth charge and the last charge involved an inhaling apparatus fit and intended for the inhalation of drugs. The offence is contrary to section 36(1) and (2) of the same ordinance.
4. The facts of this case are straightforward. On 7 April 2014, police officers spotted you acting suspiciously just as you were about to enter your home. They intercepted you and searched you. They found the dangerous drugs of Charge 1 in your pocket. You admitted immediately that you were trafficking those drugs. You were then arrested outside your home for that offence. On your person the police also found three mobile phones and HK$3,771.
5. A house search was then conducted, and in a safe found in a wardrobe the police found the drugs of Charge 2; that is, a solid containing 42.83 grammes of ketamine. They also found an electronic scale, some resealable plastic bags and a spoon. You told the police and admitted that you would use the items to weigh the drugs and bag it with the intention of selling it to youths in amusement game centres.
6. The police then found in your bathroom, hidden away, some “Ice”, 2.06 grammes of “Ice”, as well as the inhaling device used to inhale this drug. With these items were some tin foil and a plastic spoon. You told the police that the drugs here were for your own consumption and you would use the bottle to inhale the drugs.
7. You did later on make a further video-recorded interview where you made very full admissions to the police and gave as much detail as you could, being co‑operative with the authorities.
8. From the facts it is agreed that the ketamine was worth $5,300-odd and the “Ice” just over $800.
9. You are not a man of clear record. You have 15 previous convictions. You have several convictions for possessing dangerous drugs, but none for trafficking dangerous drugs. Since about 1992 you have been sentenced to probation, training centre order, fines and imposed terms of imprisonment. It is clear that a drug problem early on in your life has led you to lead a life of crime.
10. Because of Charge 3 I called for a drug addiction treatment centre report. It is a detailed report, and I do not intend to repeat the details. It confirms your family background, your criminal history, your drug history, and refers to your mother’s concern, as well as your remorse.
11. Defence counsel, on your behalf, has submitted written mitigation. It covers much the same detail as the report, but asks the court to consider specifically your plea, the fact you have no previous convictions for trafficking, and your full co‑operation with the police.
12. Other details I take into account are you are 35 years old, born in Hong Kong. You are divorced, but from that marriage there is now a 6-year-old son who is in your custody, but realistically, he is being brought up by your mother and a domestic helper. He is your son. He is your responsibility, not your mother’s responsibility, and as long as you continue to be involved with drugs, who suffers most is your son and your mother. Every child needs a father, not just a grandmother and a maid.
13. I have been told that you left school early and have no skills or trade in any industry. You have been working, but your jobs you do not keep long, and they are sporadic. It is not too late to learn a trade. You are about to serve a term of imprisonment, rather than sit it out, you could use that time to learn a trade while serving your punishment. You may surprise yourself, and it may mean that you could support yourself and your son when you are released. You could continue to make money from selling drugs, but you will be caught again, and that is a certainty.
14. All that can be said on your behalf has been said by Mr Ip. Quite rightly, he says I should take into account the authority of Secretary for Justice v Hii Siew Cheng CARR 7/2006. In that authority, the appropriate guideline would be that where there is between 10 to 50 grammes of ketamine trafficked, a starting point of between 4 to 6 years is appropriate. I accept Mr Ip’s submission that there are no aggravating factors that exist here and you should be given credit for your full co‑operation with the police, that it is your first trafficking conviction, and that you pleaded guilty.
15. I take those factors into account. I also take into account your background and other mitigation I have heard. Please stand up. For Charges 1 and 2, I add the quantity of ketamine together, which is 45.63 grammes, and take a global approach to come to an appropriate starting point.
16. For that amount of ketamine I will take a starting point of 5 years and 3 months. For Charge 3, possession of the “Ice”, I take a starting point of 2 years. For Charge 4, possession of apparatus for inhaling drugs, I take a starting point of 9 months.
17. You are entitled to a discount of one-third for all charges. After that discount, for Charges 1 and 2, that would mean a deduction of 21 months, which would leave a sentence of 3 years and 6 months.
18. So for Charge 1, I will impose a sentence of 2 years’ imprisonment. For Charge 2, I impose a sentence of 3 years and 6 months. For Charge 3, I impose a sentence of 1 year and 4 months. For Charge 4, I impose a sentence of 6 months; all sentences to be served concurrently.
19. That is a total of 3 years and 6 months. Do understand that sentence?
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A. J. Woodcock |
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District Judge |
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