HKSAR v. HO KAI WAH

DCCC 992/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 992 OF 2013

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Reasons for Sentence

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1. The defendant in this case pleaded not guilty to a charge of trafficking in a mixture containing 6.65 grammes of methamphetamine hydrochloride, otherwise known as “Ice.” I convicted the defendant after trial.

2. The defendant was arrested by police officers outside Room B1 on the 1st floor of Kam Po Building, 69‑77 Woosung Street, Yau Ma Tei, Kowloon, and I will refer to those premises as the flat.  At the time of his arrest, he was found in possession of the drugs, the subject of the charge, which were in separate resealable plastic bags produced as P1 and P2.  One of the bags was found to contain four smaller bags and the other one bag.

3. The defendant was arrested and cautioned in respect of the drugs found in his possession, and he said to the police that he had “brought the stuff there to consume with Siu Hung and Ah Piu together.”  At the time of the defendant’s arrest, other police officers were conducting a raid inside the flat.  Inside the flat, the officers came across a man and a woman who were subsequently arrested for possession of other drugs, and the drugs found inside the flat were small quantities of ketamine.  But also found inside the flat was what the police officers described as an “Ice” pot, a device for inhaling methamphetamine hydrochloride, and that was found to contain some transparent liquid which had traces of “Ice” in it.  There were also a number of straws similar to the straw attached to the inhaling device found inside the flat.

4. The street value of the drugs found on the defendant was $4,358.  At the time of his arrest, the defendant was in possession of $1,400.

5. The defendant has been before the courts on six previous occasions.  In 2009, he appeared before the court for possession of drugs and possession of equipment and was ordered to go to a drug addiction treatment centre.  In November 2010, he was convicted of an offence of trafficking in dangerous drugs and was sent to prison for 4 years and 4 months.  I understand that he was released from prison in respect of that sentence on 9 March 2013, some five and a half months before the commission of the present offence.  

6. The defendant is 35 years of age and he was educated to Secondary 1 level.  At the time of his arrest, he was working as a part-time cook for a pizza shop, earning some $13,000 per month.  I am told that he is divorced and lives with his parents.

7. I accept in this case that at the time of his arrest that the defendant was a drug addict.  I accept also that part of the drugs found in his possession were for his own consumption.  And I have been referred to the leading cases which state that where the court arrives at that conclusion, it should make allowance in the sentence imposed.

8. The Court of Appeal has stated that for persons found in possession of up to 10 grammes of “Ice,” the appropriate sentence is in the range of 3 to 7 years.  The quantity of “Ice” found on the defendant in this case is 6.65 grammes.  That would indicate a starting point in excess of 5 years.  

9. Having considered all the circumstances, what I propose to do is take a starting point of 5 years for this offence and reduce it by 1 year to reflect the fact that some of the drugs were for his own consumption.  The defendant will therefore go to prison for a total period of 4 years.