HKSAR v. GURUNG LAXMAN

DCCC 501/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 501 OF 2015

----------------------

----------------------

---------------------

Reasons for Sentence

---------------------

1.  Defendant was charged with one count of trafficking in dangerous drugs. The drugs involved are 7.23 grammes of a crystalline solid containing 7.09 grammes of methamphetamine hydrochloride, commonly known as “Ice”. He denied trafficking but admitted possession of the drugs in question. He was convicted of trafficking after trial.

2.  The prosecution case was that in the morning on the day of offence the defendant was seen sitting on a sofa together with another man inside a makeshift shelter at the sitting-out area to the rear of Battery Street, Yau Ma Tei.  The police came in and asked the defendant to stand up for questioning.  As soon as the defendant stood up, the police found the packet of drugs, the subject matter of the charge, on the spot where the defendant was sitting.

3.  The court found that the defendant had the drugs for reselling to others.

4.  The defendant, a 32-year-old Nepalese Hong Kong resident, has two previous, not relating to drugs. 

5.  There is not much put forward by way of mitigation, except that the defence counsel said, given the quantity of the drugs in the case, it was at the lower end of the scale.

6.  Trafficking is a serious offence.  There are sentencing guidelines for this type of offence.  Trafficking up to 10 grammes of “Ice”, the term for consideration is 3 to 7 years.

7.  Having heard the mitigation put forward, I see no reason to depart from the guidelines as set down by the higher court.

8.  In view of the amount of drugs you were found trafficking, I take 5½ years as starting point.

9.  You are convicted after trial and on the information before the court I found nothing to reduce the sentence.

10.  You are sentenced to 5½ years’ imprisonment.