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DCCC 1102/2012
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 1102 OF 2012
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HKSAR |
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Hui Tat-ho |
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| Before: |
Deputy District Judge Longley |
| Date: |
7 January 2013 at 10.46 am |
| Present: |
Ms Lisa Go, PP of the Department of Justice, for HKSAR
Mr Yeung Shak-nung, instructed by N K Tsang & Co, assigned by the Director of Legal Aid, for the defendant |
| Offence: |
(1) & (2) Trafficking in dangerous drugs (販運危險藥物) |
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Reasons for Sentence
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1. Hui Tat-ho, you have pleaded guilty to two charges of trafficking in dangerous drugs. Both charges relate to events on 6 September last year.
2. On the evening of that day, you were stopped by the police after you had come out of the flat you share with your father at Room 1027 on the 10th floor of Lok Shan House in Cheung Shan Estate, Kwai Chung. You were searched on the staircase and the drugs that are the subject of the 1st charge were found in the shoulder bag you were carrying. They consisted of a bag containing 0.59 grammes of a crystalline solid containing 0.57 grammes of methamphetamine hydrochloride and a second bag containing 1.68 grammes of a powder containing 1.28 grammes of ketamine. At that stage, you claimed that the drugs were for your own consumption. Now, through your counsel, Mr Yeung, you have accepted that you were prepared to traffic in those drugs if you found anyone who wanted to buy them.
3. Your home was then searched.
4. Initially, the police found three bags and a folded paper containing drugs together with re-sealable plastic bags and aluminium foil under your bed. They contained the methamphetamine hydrochloride referred to in the 2nd charge, namely 0.21 grammes of a crystalline solid containing 0.13 grammes of methamphetamine hydrochloride and 3.88 grammes of a powder containing 2.78 grammes of ketamine. Again, you claimed at that stage that those drugs were for your own consumption but you did disclose that there were other items in a box under a computer desk. They turned out to be two bags containing 53.09 grammes of a powder containing 40.62 grammes of ketamine. An electronic scale was also found. You claimed at that stage that most of the ketamine was for your own consumption but that you would sell some of it to friends at $100 per gramme.
5. The total quantity of drugs found at your home were therefore 0.21 grammes of a crystalline solid containing 0.13 grammes of methamphetamine hydrochloride and 56.97 grammes of a powder containing 43.40 grammes of ketamine. I am told that those drugs had an estimated street value at the time of over $8,000. You had $1,790 with you which you admitted were the proceeds of drug trafficking.
6. While I accept that you are a drug addict, it is clear at least as far as the very large quantity of ketamine is concerned that the great majority of the drugs must have been in your possession for the purpose of trafficking. I do, however, take into account that some may have been for your own consumption.
7. I have listened to all that Mr Yeung has said on your behalf. I take into account the letter that you have written to the court and the promise that you have made to this court that you will stay away from drugs when you are released from prison. I hope for your own sake that that is a promise that you honour. It is tragic that your addiction to dangerous drugs should have led you to commit these serious offences. You are fortunate to have a supportive family who will be there to help you when you come out of prison.
8. As you are aware, a substantial term of imprisonment is inevitable for those who commit offences as serious as that of trafficking in dangerous drugs.
9. In deciding upon the appropriate starting points in this case, I bear in mind that this will be your first time serving a sentence of imprisonment. I also bear in mind that at least some of these drugs were for your own consumption. Taking those matters into account, on charge 1, I adopt a starting point of 3 years’ imprisonment and on charge 2, I adopt a starting point of 4½ years’ imprisonment.
10. You pleaded guilty and you are entitled to the usual discount of one-third. I accordingly pass sentence as follows:-
On charge 1, 2 years’ imprisonment.
On charge 2, 3 years’ imprisonment.
Both sentences are to run concurrently which means that the total sentence passed on you today is 3 years’ imprisonment.
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P.K.M. Longley |
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District Court Judge |
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