HKSAR v. NG CHOR PING

 DCCC255/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 255 OF 2009

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Reasons for Sentence

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1.  Defendant you have pleaded guilty to two charges before this court. The first charge relates to assaulting a police officer in the due execution of his duty, contrary to section 36(b) of the Offences against the Persons Ordinance.

2.  You have admitted that on 6 January 2009 at a Wilson Monthly Car Park at Tak Tin Estate in Pik Wan Road, Lam Tin you assaulted a police constable of the Hong Kong Police Force.

3.  In respect of the 2nd charge to which you have pleaded guilty which was charge 3 is a charge of trafficking in a dangerous drug contrary to section 4 of the Dangerous Drugs Ordinance.

4.  You have admitted that on the same date at the same location as the 1st charge, you trafficked in a dangerous drug which was 8.35 grammes of a solid containing 7.84 grammes of methamphetamine hydrochloride.

5.  On 6 January 2009 a team of police officers were conducting anti dangerous drugs operations at that car park. At about 8.50 pm you were seen to be acting furtively and looking around suspiciously. You were then approached by police officers and they wanted to search you, however, you refused to be searched. They then saw you holding a set of keys in your hand and later they took you to a vehicle believing that vehicle to be your car.

6.  The police officer, the victim of Charge 1, used the keys seized from you to open the car door but you pushed him away. The police officer immediately grabbed your left hand to stop you, however, you bit his right forearm and hit his chest a few times. Other police officers came to his assistance and you were eventually subdued and handcuffed. You admitted to the police officer that you hit and bit the officer because you did not want to be arrested.

7.  The officer was admitted for observation overnight at the hospital and discharged the following day and had sustained tenderness, abrasion and redness on his right forearm, tenderness on his lower chest, right upper thigh and right upper abdomen.

8.  Another police officer then searched the car and inside the car they found 16 resealable plastic bags of drugs which was of course ICE. Upon the registration check it was confirmed that that car belonged to you.

9.  The drugs found in the car are, of course, the subject matter of Charge 3.

10.  Mr McGowan has made full and detailed mitigation on your behalf and I have taken into account all that he has had to say in deciding what sentence to pass upon you. You are aged 38. You have 7 previous convictions of which 3 relate to possession of dangerous drugs and one relates to trafficking in dangerous drugs. That trafficking charge being your latest commission of an offence to which you were sentenced by the District Court on 25 March 2008 to the DATC.

11.  You have committed this offence a short time after you were released from Hei Ling Chau. I am told by Mr McGowan that the reason for you committing this offence is because you are still drug dependant and you had these drugs with you as you had purchased these drugs to also share and sell to your friends who were also drug dependant.

12.  Mr McGowan recognises, and I believe you also, that this attracts a fairly lengthy prison sentence. The guidelines for trafficking in this drug of ICE is clearly laid down in Ching Kwok-hung. As for the assaulting police officer, Mr McGowan also rightly recognises that this is indeed a serious offence and one that also attracts an immediate period of imprisonment.

13.  Police officers carrying out their duty are doing what the public and the law request them to do and any assault against them must be treated very seriously. Although the injuries are not so serious, nevertheless this officer must have experienced a very unpleasant time and did, in fact, incur various injuries around his whole body. Clearly it was your intention to avoid being arrested despite there being a team of police officers in the vicinity.

14.  I accept, through your plea of guilty that of course you are remorseful and this is of course the greatest mitigating factor on your behalf.

15.  For charge 1, the assaulting a police officer I would have taken a starting point of 3 months’ imprisonment, giving you full credit for your plea of guilty that term will be reduced to 2 months’ imprisonment. On Charge 3, you do fall within the first bracket in Ching Kwok-hung and I take a starting point for that amount of drugs of 5½ years’ imprisonment and giving you full credit for your plea of guilty, reduce that term to 3 years and 8 months’ imprisonment.

16.  I take into account the principle of totality in sentencing you and order that one month of Charge 1 is to run consecutive to Charge 3 which makes a total term of imprisonment of 3 years and 9 months’ imprisonment to which you are so sentenced.