HKSAR v. HAU WAI KEUNG AND ANOTHER

DCCC 14/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 14 OF 2016

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REASONS FOR SENTENCE

D2 and D3 each pleaded guilty to a charge of "Inhaling a dangerous" (respectively Charges 3 and 4). The dangerous drug involved in each charge is heroin.

Summary of Facts

2.  About 4:00 p.m. on 14 October 2015, a team of police officers entered the premises particularized in Charges 3 and 4 ("the Flat").  Someone opened the door for them.  Upon entry, D2 was found sitting in the living room; and D3, the bedroom.

3.  The Flat was searched and various types of dangerous drugs and consumption paraphernalia were found at various locations in the Flat.  Those items included 8 plastic bags of methamphetamine hydrochloride (commonly known as "ICE"); 20 pellets (consisting of plastic wrappings in different colours) of heroin hydrochloride; 4 foilpacks containing a total of 38 tablets of methadone; 4 plastic bottles which contained liquid containing traces of methamphetamine; 60 unused syringes; 7 lighters; 1 roll of aluminum foil; numerous plastic straws; several glass and plastic bottles.  A piece of paper with these words "A B C 390 190 110 on sale" written on it was found on the wall.

4.  Under caution, D2 admitted that he bought a medium sized pellet of white powder and started inhaling it in the Flat.  He also explained that the pellets came in 3 sizes (large, medium and small) and were classified by their respective colours (black, red and white).  Their respective prices were $390, $190 and $110.

5.  Under caution, D3 admitted that he bought some heroin at $100 and inhaled it in the Flat. 

Mitigation

D2

6.  D2 is almost 43.  He has 4 conviction records, which included 1 "simple possession" offence and 1 "Possession of Part I Poison" offence.  His wife resides in the mainland.  He works as a chef in a Japanese restaurant earning $18,000 per month.  D2 claimed that his father suffers from cancer and he needs to look after him.  A Welfare Report on D2's father was obtained.  D2's father confirmed that he could make both ends meet with his wife's income and pocket money given by his other 2 children.  He requested no further welfare assistance.

D3

7.  D3 is 64.  He has 10 conviction records, which included 3 "simple possession" offences and 2 "trafficking" offences.  On 6 January 2015, he was sentenced to 4 months' imprisonment suspended for 18 months.  In other words, he is in breach of a suspended sentence.  D3 is divorced and does not need to support anyone.  He claimed that he is a casual cleaning worker and also receives social welfare.  He further claimed that he has been in and out of the hospital in recent years; half of his stomach was removed.

Sentence

8.  I have obtained DATC Reports on D2 and D3.  Both of them are drug dependant.  A DATC Order is recommended for D2, but not D3.

9.  For Charge 3 against D2, I make a DATC Order (conviction recorded).

10.  For Charge 4 against D3, I adopt a starting point of 6 months' imprisonment.  With the guilty plea, the sentence is reduced for 4 months.  I sentence D3 to 4 months' imprisonment.  I make no order as to his breach of the suspended sentence in ESCC 48/2015.