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DCCC 885/2012
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 885 OF 2012
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| Before:
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H.H. Judge G. Lam
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| Present:
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Mr. WONG Kwok-choi, PP, of the Department of Justice, for HKSAR.
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Mr. BOK Tin-yuen instructed by M/s Cheung & Yip, assigned by the Director of Legal Aid, for the defendant.
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| Offence:
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Trafficking in a dangerous drug（販運危險藥物）
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REASONS FOR SENTENCE
The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is methamphetamine hydrochloride (commonly known as "ICE").
2. This case is a typical "stop and search" incident. About 11:15 pm on 2 July 2012, PC 7300 (PW1) intercepted the defendant for enquiries at the Tai Pei Tau Rest Garden in Yuen Long. Upon search, a cigarette box was found in the left front pocket of the defendant's jeans. The cigarette box contained 5 resealable plastic bags which contained a total of 5.76 grammes of a crystalline solid containing 5.51 grammes of methamphetamine hydrochloride.
3. Under caution, the defendant said he needed money so he trafficked in "ICE" for a reward. This statement was recorded in PW1's notebook and the defendant has signed on it.
4. The defendant is now 31 and has 6 conviction records involving 2 offences of "trafficking" and 3 offences of "simple possession". His last conviction took place in March 2012; he was sentenced to 6 months' imprisonment suspended for 3 years for "simple possession". By committing the present offence, he breached his suspended sentence.
5. Defence counsel Mr. BOK informed me that the defendant was unemployed at the time of the offence. A month before that, he was a delivery worker earning $9,000 per month. Mr. BOK submitted that the defendant was cooperative upon arrest. He is remorseful and has indicated to both the court and prosecution his intention to plead guilty in writing through his solicitor as early as 2 weeks ago. Thus, no prosecution witness is required to attend court today.
6. A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment.
7. The Court of Appeal has laid down clear sentencing tariffs for trafficking in ICE (see A-G v CHING Kwok-hung [1991] 2 HKLR 125). For up to 10 grammes, the sentence ranges from 3 to 7 years' imprisonment.
8. In the present case, the defendant trafficked in a total of 5.51 grammes of ICE. I adopt a starting point of 5 years' imprisonment. The usual one-third discount is given for his guilty plea, reducing the sentence to 40 months (3 years and 4 months). Apart from this, I see no other mitigating factors which warrant any further discount. The sentence I pass is 3 years and 4 months.
9. The defendant is in breach of a suspended sentence of 6 months' imprisonment for "simple possession" in TMCC 4318/2011. He was sentenced in March this year, yet in July (only 4 months later) he committed the present offence. In the circumstances, I must activate the suspended sentence, and I do so for the 6 months in full.
10. I have borne in mind the totality principle and I consider it just and appropriate to order the 6 months in TMCC 4318/2011 to run consecutive to the sentence in the present case. In other words, the total prison term for the defendant is 3 years and 10 months.
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