HKSAR v. LEE SAI HUNG

DCCC 1116/2022

[2023] HKDC 1852

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1116 OF 2022

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REASONS FOR SENTENCE

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1.  The defendant, Mr Lee Sai-hung, pleads guilty to the following charges: [1](a)  failing to provide a specimen of blood, (“Charge 1”); and (b)  trafficking in dangerous drugs (“Charge 2”). Mr Lee confirms and agrees to the contents of the Amended Summary of Facts to be true and correct.[2]

2.  He confirms and agrees, inter alia, that at the material date, time and location, he was sitting alone in the driver’s seat of the material vehicle (the “Vehicle”), crouching over the steering wheel and the engine of the Vehicle was still running.  Police came up for inquiry.  Mr Lee admitted that he had taken illicit drugs earlier and cocaine was found in his body after a rapid oral fluid test was conducted.  Police then searched Mr Lee and the Vehicle and the material dangerous drugs were found.  Later, police requested Mr Lee to provide a blood sample but he refused.

3.  I had read the mitigation submission prepared by Mr Lee’s counsel, Ms Cheung.  I also called for a background report.  In a gist, the mitigation and the background report do not disclose any particular mitigating factor, except Mr Lee pleads guilty to both charges at the earliest opportunity.  He will have one-third discount on the sentence.

4.  I will deal with Charge 2 first.  I agree with Ms Cheung that for the sentence of Charge 2, the proper starting point should be 56 months’ imprisonment, that is 4 years and 8 months.  Mr Lee pleads guilty and he will have one-third on it, which is reduced to 37 months’ imprisonment.  I will further deduct 5 months from that, for I accept part of the dangerous drugs was for Mr Lee’s own consumption.

5.  Mr Lee has a criminal record for possession of dangerous drugs.  He admitted that he had taken illicit drugs when he was arrested and dangerous drugs were found in the rapid oral fluid test at scene and at the test conducted by CSD.  The sentence for Charge 2 is 32 months’ imprisonment after deduction.

6.  For Charge 1, I will sentence him 8 months’ imprisonment after one-third discount and a disqualification for 7 years after considering his prison terms. He should also attend and complete a driving improvement course at his own cost.

7.  After considering the totality principle, 4 months’ imprisonment in Charge 1 should run concurrently with Charge 2, so the total sentence for Charge 1 is 8 months’ imprisonment with 4 months runs concurrently with Charge 2.  Mr Lee is disqualified to drive any kinds of vehicle for 7 years and is required to attend and complete a driving improvement course at his own cost. Unless and until he finishes that driving improvement course, he cannot obtain his driving licence.  As his disqualification period is more than 3 months, he has to attend and complete that driving improvement course 3 months prior to the end of his disqualification period.  For Charge 2, I sentence him 32 months’ imprisonment.

8.  The total prison term is 36 months.