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DCCC46/2012
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 46 OF 2012
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| Before: |
H H Judge Tallentire |
| Date: |
12 April 2012 at 2.51 pm |
| Present: |
Ms Chan Sze-yan, PP of the Department of Justice, for HKSAR |
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Mr Chu Kwok-hei, Patrick, of WT Law Offices, assigned by the Director of Legal Aid, for the Defendant |
| Offence: |
(1) Possession of dangerous drugs (管有危險藥物) |
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(2) Causing and permitting another person to use a motor vehicle without a valid policy of insurance against third party risks (致使及允許另一人沒有有效的第三者風險保險單而使用汽車) |
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(3) Permitting another person to drive an unlicensed vehicle (允許另一人駕駛未領牌車輛) |
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Reasons for Sentence
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1. Defendant, you have pleaded guilty to a single offence of possession of dangerous drugs, contrary to sections 8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap. 134, and to one offence of causing and permitting another to use a motor vehicle without insurance, contrary to sections 4(1) and (2)(a) of the Motor Vehicle Insurance (Third Party Risks) Ordinance, Cap. 272, and to one further offence of permitting another person to drive an unlicensed vehicle, contrary to sections 52(1)(b) and (10)(a) of the Road Traffic Ordinance, Cap. 374.
2. The facts are these. At about 3.18 am on 3 October of last year, police saw a private car GF 4281 stopped outside Foo Choy House, 2-6 Hop Choi Street, Yuen Long. It accelerated away quickly when they approached. The car was intercepted and Check Ka-chun was found to be the driver, with you in the front passenger seat. You opened the door and attempted to flee. You were immediately intercepted by police.
3. Two bags of ketamine, P1, were found in your hand. Upon arrest and caution, you admitted it was for your own consumption. A search of the car discovered 4 more bags of ketamine and 30 bags of ketamine, which are P2, in the compartment box of the car. You were arrested and further cautioned. You denied knowledge of P2.
4. It was discovered that the car’s vehicle licence had expired on 14 June 2011 and insurance on 21 September. You had offered to sell the car on behalf of PW1 who is the son of the owner. This was on 1 October 2011. PW1 had given you the car keys, and an unknown male had given you the T licence. PW1 told you that the car licence had expired and the car was driven away with T plate. This of course can only be used in the car trading business.
5. Later analysis showed that P1 being two plastic bags contained 2.19 grammes of a powder containing 0.39 grammes of ketamine. P2, four plastic bags of powder containing 50.21 grammes of a powder containing 8.89 grammes of ketamine and 30 bags containing 7.78 grammes of a solid containing 5.8(5.81?) grammes of cocaine.
6. You admitted to 11 previous convictions on four occasions plus a breach of probation order. Two of those convictions were drug-related and two related to road traffic matters.
7. As you had been convicted of possession of dangerous drugs, I adjourned the case for the preparation of a DATC report. That report is now before me and has been read and understood by me.
8. I am told that you are no longer considered to be drug dependent. This is based on the time you spent in custody.
9. On your behalf Mr Chu entered mitigation. He told me that you accepted the contents of the DATC report and agreed to the antecedents statement. He told me that you asked for a prison sentence, that the only real mitigation in this case is your plea of guilty.
10. Mr Chu underlined that there was no element of trafficking in Charge 1 as it now stood. In respect of Charges 2 and 3, you had simply had charge of the car and allowed someone else to drive. He informed me also that only yesterday that you had been sentenced before the Magistrates’ Court to 22 months’ imprisonment for triad-related offences and road traffic matters. He asked me to apply the principle of totality.
11. I turn now to the sentence.
12. You are a young man of only 21 years of age, with a very poor record. You are facing a substantial period of imprisonment. 22 months had already been imposed. Charge 1 involves possession of a substantial quantity of drugs, approximately 9 grammes of ketamine and about 6 grammes of cocaine. Given the quantities, there is a clear and obvious latent risk in this case. You will be sentenced accordingly.
13. Given the special facts of the driving offences that do strike me as being rather minor, though your record with motor vehicles is not of the best, the following sentences will be imposed.
14. On Charge 1, I take a starting point of 24 months’ imprisonment, reduced to 16. Charge 2, I take a starting point of 3 months, reduced to 2 months’ imprisonment. And on Charge 3, 1½ months reduced to 1-month imprisonment.
15. All these sentences will be served concurrently. Additionally, in respect of Charge 2, you will be disqualified from holding or obtaining a driving licence for a period of 18 months. That runs from today, but it is largely academic in view of the fact that you are in prison. I am sure you understand what disqualification means and Mr Chu will explain it further if you need it explaining.
16. Your conviction of yesterday rather complicates matters. I do intend to apply the principle of totality given your age. Therefore, the sentence of 16 months in total will be served 10 months consecutively and 6 months concurrently. And I hope that on release you will turn over a new leaf and make a good citizen. Do you understand?
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Tallentire |
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District Judge |
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