HKSAR v. LEE CHEUK HIM

DCCC256/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 256 OF 2011

----------------------

----------------------

--------------------------

Reasons for Sentence

--------------------------

1.  Lee Chuk-him, you have been convicted on your own plea of trafficking in dangerous drugs.

2.  On 7 January this year, you were stopped by the police in the lift lobby on the 12th floor of a building in Tai Wo Estate in Tai Po. 

3.  The police searched you and found in one of your trouser pockets the drugs that are the subject of the charge of trafficking. 

4.  They found four plastic bags containing 2.85 grammes of a powder containing 2.29 grammes of ketamine and four plastic bags containing 1.29 grammes of a crystalline solid containing 1.16 grammes of methamphetamine hydrochloride.

5.  At the time of your arrest you admitted that you intended to sell the ketamine to earn money.  Today, your solicitor, Mr Ho, has confirmed that you also intended to traffic in the methamphetamine hydrochloride.   

6.  When your home was searched no further drugs were found there, but the police did find an electronic scale.

7.  The estimated street value of the drugs found on you was just over $1,000.

8.  At the time you committed this offence you were 26 years of age, therefore a mature person, and you would therefore have been well-aware that very serious consequences would follow if you were caught. You clearly decided that it was worth taking that risk. 

9.  An aggravating feature of this offence is that you had been arrested for the offence of consuming dangerous drugs on 2 April last year and had been put on bail.

10.  By the end of July last year, you had absconded from your bail and committed this offence during the period that you were absconding.

11.  I have listened to everything that Mr Ho has said on your behalf.  I also take into account the letter that you have sent to the court. 

12.  Mr Ho has told me that you committed this offence in order to provide support to your two children aged 12 and 6.  At the time of the offence your wife had left you.  Mr Ho has told me that your wife no longer contacts the children, who are now living with your parents. 

13.  The effect of a sentence of imprisonment, which is inevitable in an offence of this gravity, is that your children will be deprived of your support, both emotional and financial, during the period of your incarceration.

14.  I take that matter into account by adopting a starting point at the bottom end of the tariff band for this offence. The starting point that I adopt is one of 3 years’ imprisonment.

15.  The only feature that warrants any discount from that starting point is your plea of guilty.  For that plea you are entitled to the usual discount of one-third. 

16.  I accordingly sentence you to 2 years’ imprisonment.