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HCCC290/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 290 OF 2009
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HKSAR |
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LAU CHI MAN (劉志敏) |
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| Before: |
The Honourable Madam Justice Beeson |
| Date: |
11 May 2010 at 9.44 am |
| Present: |
Mr H Melwaney, SPP of the Department of Justice, for HKSAR
Mr Raymond Yu and Ms Kamina Lai, instructed by Ivan Tang & Co, for the Accused |
| Offence: |
Possession of a dangerous drug (管有危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The defendant pleaded guilty on 20 April 2010 to one charge of possession of dangerous drugs.
The drug was 13.12 grammes of a crystalline solid containing 13.12 grammes of methamphetamine hydrochloride, commonly known as “Ice”.
The facts show that the defendant was stopped by police as he approached a parked car. He looked nervous as he went towards the driver’s door, so he was stopped and searched. In the outer compartment of his shoulder bag was a transparent resealable bag containing another bag containing white crystalline solid.
The defendant was arrested and cautioned, and said the bag contained “Ice” which he had bought for $4,200 for his own consumption. When he was arrested, he was carrying cash of $58,780.
Analysis by the Government Chemist confirmed the particulars of the drug as set out in the charge. The estimated street value was $7,950.
The defendant has a record which began in 1983, with 12 court appearances involving 18 convictions. None of those was for dangerous drugs, although it is clear from the record that the offences were probably committed because of his drug habit. They were mainly offences of dishonesty. His last offence was in December. 2003, when, for common assault, he was given a 2-months sentence, suspended for 2 years, and fined $2,000.
The defendant is now aged 50 and was working at the time of his arrest for a construction company. There is a letter produced from the boss of the construction company this morning confirming that the defendant has been employed since 2007 as a sales manager, and that the company was prepared to re-employ him when possible.
The matter was adjourned for a DATC report, given that this was an offence of possession of dangerous drugs. The report confirms that the defendant is no longer drug dependent. He has in the past been to Drug Addiction Treatment Centre.
In considering the facts of this case, I take into account the quantity of the drug, and I take a starting point of 18 months in respect of the drug itself. I add 12 months for the latent risk factor involved in the carriage of this quantity of drug. I take a starting point therefore of 30 months. I give the full one-third discount and impose a sentence of 20 months’ imprisonment.
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