HKSAR v. TSE SUM LUNG

DCCC 862/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 862 OF 2013

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Reasons for Sentence

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1.  Defendant, you pleaded guilty to two offences of trafficking in dangerous drugs, each contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. You admitted the facts, and I convicted you.

2.  What happened is as follows.  At approximately 10.33 pm on 8 July last, you were stopped and searched at the lift lobby of Ming Yu House, King Ming Estate, Tseung Kwan O.  You were found to have a green metal box containing two packets containing 1.72 grammes of crystalline solid containing 1.67 grammes of methamphetamine hydrochloride - that is, “Ice” - in your right jeans pocket.

3.  Arrested and cautioned, you admitted you were to sell the “Ice” to “Ah Kit”.  That is Charge 1.

4.  The flat on the 6th floor where you resided was searched, and a box containing 7.4 grammes of crystalline solid containing 7.13 grammes of “Ice” and 30 tablets of methamphetamine containing 0.21 grammes of narcotic was found in your bedroom, along with electronic scales and empty plastic bags.

5.  Under caution, you admitted them to belong to you.  In a subsequent video-recorded interview under caution, you admitted you had bought 14 grammes of “Ice” and methamphetamine pills on 6 July last; that two days later, on 8 July, you met “Ah Kit” in a park, and he offered to buy 2 grammes of “Ice” for $800.  You had returned home to get the “Ice” to sell, and you were going to sell it as you had no money.

6.  You admitted all the dangerous drugs at home and the paraphernalia belonged to you; also that you sold dangerous drugs to friends when you needed money.

7.  The street value of all the narcotic involved is approximately $6,055.

8.  You admitted what actually amounts to five previous convictions on four occasions, and two breaches of court order.

9.  On your behalf, Mr Yuen provided me with written mitigation.  I am obliged to him for that; that is most helpful.  He then read that mitigation into the court record.  I shall summarise the gist of what he said.

10.  He told me that you are 26, you were educated to Form 2, and now reside with your parents.  However, at the time of the offence, you resided with your girlfriend at the address in the charge.  After leaving school, you had various jobs as a waiter, barman, and delivery worker. When able, you contributed $2,000 to $4,000 a month to your family.  At the time of the arrest, you had been unemployed for some time.

11.  You accept that you have three previous convictions relating to dangerous drugs.  Mr Yuen submitted that since 2004 you have been addicted to “Ice”, and that part of the dangerous drugs was for your self-consumption.  The rest would be sold to provide money when you were short of money.

12.  He emphasised how co‑operative you have been with the police upon arrest, and that you have now pleaded guilty.  He also addressed me on the topic of sentencing, providing me with authorities which are well known to this court.  Mr Tso also provided me with an authority which is well known.  Suffice it to say I do not intend to repeat those authorities, but I have taken them into account.

13.  Finally, Mr Yuen asked me for leniency, and he did provide a sentencing authority from the District Court where a colleague had imposed a starting point of 6 years and 3 months in similar circumstances.

14.  I turn now to the sentence itself.  The case involves just over 9 grammes of dangerous drugs and falls within the range of 3 to 7 years.  I do accept, looking at your record, listening to what Mr Yuen has said on your behalf, and your response to the police at the time of arrest, that part of the dangerous drugs would have been for self-consumption and the balance would have been sold.  I therefore adjust the starting point downwards to reflect this fact.

15.  I accept that from the outset you were co‑operative with the police, and it is to your credit that you were at pains to make it entirely clear that you yourself alone were responsible for those dangerous drugs and the paraphernalia.  I note your plea of guilty.  I also note that from your record, you have an undistinguished record which includes three matters relating to dangerous drugs.

16.  I also make it entirely clear that I adopt the combined approach when setting the starting point.  That is, taking a starting point which reflects approximately 9 grammes of dangerous drugs - that drug of course is “Ice” - and adjusting it to reflect the fact that part was for self‑consumption.

17.  On the 1st charge I take as a starting point 3 years’ imprisonment, reduced to 2.  On the 2nd charge, in order to accommodate the combined approach, I take as a starting point 5 years and 6 months - that is, 66 months - reduced to 44 months.  These sentences will be run concurrently to reflect what I have said.