HKSAR v. WONG TAK

DCCC862/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.862 OF 2010

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Reasons for Sentence

1.  The defendant faces one charge of trafficking in dangerous drugs. Having heard the prosecution’s case, I found that there was no case for him to answer in relation to the charge of trafficking in dangerous drugs, but a case to answer for the lesser offence of possession of the same drugs. The defendant is acquitted of the charge of trafficking in dangerous drugs.

2.  The defendant had already indicated that he will plead guilty to a charge of possession of the dangerous drugs in the original charge. Based on the defendant’s own plea and the admitted facts, the defendant was convicted of a charge of possession of dangerous drugs.

Previous

3.  The defendant has 2 previous records for possession of dangerous drugs.

Mitigation

4.  A Drug Addiction Treatment Centre report was called for prior to sentence.

5.  The report was explained to the defendant and he understood and agreed to the contents. 2 letters of mitigation were submitted, one written by the defendant himself one from Chaplain John Wotherspoon.

Sentence

6.  This is the defendant's 3^rd conviction for possession of dangerous drugs. The drug involved is not of a small quantity.

7.  For simple possession of dangerous drugs for the purpose of self-consumption, I will adopt a starting point of 12 months’ imprisonment, reducing it by one third in recognition of his intention to plead guilty to the charge of possession of dangerous drugs all along, the defendant is therefore sentenced to 8 month’s imprisonment.