HKSAR v. CHIU YU KIT

DCCC1107/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1107 OF 2011

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Reasons for Sentence

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1.  As far as what we are dealing with now is concerned, you pleaded guilty to a single offence of possession of equipment fit and intended for smoking dangerous drugs, contrary to sections 36(1) and (2) of the Dangerous Drugs Ordinance, Cap.134.

2.  You admitted the brief facts and I convicted you.

3.  Briefly, the facts were as follows.

4.  On 17 August last, PC 4354 searched your residence, Room B, Flat L, 8th Floor, Tung Hing Mansion, 421 Belcher’s Street. There, he found a device consisting of a glass bottle with a cap, into which was inserted two straws, each of which was connected to another straw.  This is Exhibit 1; it was found in a cabinet.  It contained a liquid containing suspected dangerous drugs.

5.  Under arrest and caution, you admitted it contained methamphetamine, which you smoked.

6.  Analysis later revealed it was 19 millimetres of liquid containing only traces of methamphetamine.

7.  You admitted 21 previous convictions, 16 of which related to drugs.

8.  I adjourned the case for a DATC report and for the prosecution to inform me how long you had spent on remand.

9.  I am informed that the period from 17 December onward will count toward your sentence.  This is confirmed by both the prosecutor and the DATC report.  That is a period, I believe, of seven to eight weeks.

10.  Miss Ma entered mitigation on your behalf.

11.  She submitted to me two letters from your mother and aunty, and referred to these.  I have taken those into account when setting the sentence.

12.  She confirmed to me that you accepted as accurate the contents of the DATC report.  Very realistically, on your behalf, she accepted that only a prison sentence was appropriate.  There was little more to be said.

13.  She urged me to be as lenient as possible.

14.  I turn now to the sentence itself.

15.  I note that you have a very poor record indeed, especially related to drugs.

16.  However, as far as this offence was concerned, you appear to have been very co-operative at the scene.

17.  The main point of mitigation, of course, is your plea of guilty and the relative minor nature of the offence.

18.  In all the circumstances, I take as a starting point 6 months’ imprisonment, reduced to 4 for your plea of guilty.

19.  You will, therefore, go to prison for 4 months.