HKSAR v. NG WING HANG

DCCC 31/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 31 OF 2016

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Reasons for Sentence

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1.  The defendant has pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance, Cap 134.

2.  On 19 October 2015, the defendant was spotted by police officers on patrol just before midnight in Hing Wah Estate, Chai Wan. The officers thought he was acting suspiciously, and intercepted him.  Their suspicions were very accurate, and upon a search of the defendant, the officers found him holding in his right fist a transparent resealable plastic bag.

3.  In that bag there was 3.82 grammes of a crystalline solid containing 3.76 grammes of methamphetamine hydrochloride, “Ice”.

4.  Under caution, the defendant made an admission to the police that he was delivering the drugs for a reward of $300.  Later, in a subsequent video-recorded interview, the defendant gave the police more details.  He also repeated that he was delivering the drugs from Temple Street to Hing Wah Estate for $300.  In short, he was a drug courier.

5.  The approximate street value was HK$1,200‑odd.

6.  The defendant’s plea today is his best mitigation.  The defendant is not a man with a clear record.  He has 18 previous convictions obtained in 16 court appearances.  He has several convictions for possession of Part I poison and one for possession of dangerous drugs, for which in December 2015 he was sentenced to a drug addiction treatment centre order.  However, he has no previous convictions for trafficking in dangerous drugs.

7.  I have heard in mitigation that the defendant is 40 years old, single, lives with his parents and siblings, and is a casual worker earning about $6,000 a month.  The defendant, judging by his record and what he told the police in his antecedents, has been a drug addict for some time.

8.  There are guidelines for trafficking “Ice”, and I take into account the authority of Attorney-General v Ching Kwok Hung(?) [1991] 2 HKLR 125.  The Court of Appeal there sets out guidelines for trafficking “Ice”, and what is relevant here is that where between 0 to 10 grammes of “Ice” is trafficked, and appropriate starting point would be between 3 to 7 years’ imprisonment.

9.  Mathematically speaking, the drugs here, 3.76 grammes of “Ice”, would attract a starting point of 4 years and 6 months.

10.  Defendant, please stand up.  I take into account your plea today, mitigation put forward on your behalf, and the fact that although you have many convictions, this is your first conviction for trafficking drugs.

11.  Having considered those relevant factors, I find it appropriate to take a starting point of 4 years’ imprisonment.  You pleaded guilty; you are entitled to a discount of one‑third from that starting point.

12.  Therefore, when that discount is applied for this charge you are sentenced to 2 years and 8 months’ imprisonment.

COURT: Do you understand that sentence?

DEFENDANT: Understand.