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DCCC 1376/2011
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1376 OF 2011
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HKSAR |
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v. |
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NG Man-wai |
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| Before: |
H.H. Judge E. Yip |
| Date: |
6 February 2012 at 12:16 p.m. |
| Present: |
Mr WONG Chun Hin Derek, Public Prosecutor, of the Department of Justice, for HKSAR
Mr LO Chiu Kit, of M/s Cheung & Liu assigned by DLA for Defendant |
| Offence: |
(1) Trafficking in a dangerous drug (販運危險藥物)
(2) Possession of apparatus fit and intended for the inhalation of a dangerous drug (管有適合於及擬用作吸服危險藥物的器具) |
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Reasons for Sentence
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Charges and facts
1. The defendant pleads guilty to trafficking in the drug usually known as “Ice” (Charge 1) and possession of apparatus fit and intended for the inhalation of it (Charge 2).
2. When he went from his room in a hotel in Tin Shui Wai, the police intercepted him and searched his room. There was certain paraphernalia for inhaling “Ice” and trace of it. His friends were questioned and confirmed unrelated to the offences. There were 19 packets of “Ice” in crystalline form on the table and an electronic scale. After arrest and caution, he admitted having the drug for repackaging and resale. The paraphernalia was for his inhalation of drugs.
3. The drug weighed 9.24 g gross and 8.79 g in narcotics.
Defendant’s personal background and mitigation
4. He is 37 years of age. He last worked as a casual decoration worker. He has a number of records but none for trafficking or possession of paraphernalia. He has a daughter who lives with his ex-wife. He had jumped bail for a case of possession of drug (TM/2012/11) when he committed the present offences.
Principles of sentencing
5. As stated in AG v Ching Kwok-hung [1991] 2 HKLR 125, later emended in HKSAR v Capitania [2004] HKCU 926, trafficking of “Ice” of up to 10 g shall warrant 3 to 7 years' imprisonment.
6. There is no sentence guideline for possession of paraphernalia for inhaling drugs.
Sentencing this defendant
7. Taking into account his failure to answer bail for the drug offence and the circumstances of the present case, for Charge 1, I take 5 years and 6 months (ie 66 months) as the starting point. One-third off for his plea of guilty and there being no other mitigating factors, the sentence is 3 years and 8 months (ie 44 months).
8. For Charge 2, I take 12 months as the starting point. One third off for his plea of guilty and there being no other mitigating factors, the sentence is 8 months.
9. By totality, I order the sentences to be concurrent.
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( E. Yip )
District Judge
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