CRIMINAL CASE NO. 248 OF 2012
COURT: The defendant pleaded guilty to three counts of trafficking in a dangerous drug.
The 1st count involved 3 grammes of “Ice”. The 2nd count involved 0.91 grammes of “Ice” and 6.68 grammes of herbal cannabis. The 3rd count involved 10.58 grammes of “Ice”.
In the afternoon of 19 January this year, an undercover police officer called a male, “Ah Kit”, through mobile phone. The male offered to sell 3.5 grammes of “Ice” to the undercover police officer at the price of $2,200.
They agreed to meet at the vicinity of Bonham Road near Hospital Road. Later, at about 3 pm, the defendant turned up and handed over one packet of “Ice” to the undercover police officer, who paid by marked money. This is the subject matter of the 1st charge.
The defendant was later intercepted. During a body search, one packet of “Ice” and four packets of herbal cannabis were found inside the defendant’s left front trousers pocket. This is the subject matter of the 2nd charge.
Later, at 9.45 pm, the police searched the flat of the defendant at Hoi Tao Building, Belcher’s Street. They found 24 packets of “Ice” inside a toilet roll container. This is the subject matter of the 3rd charge.
The total value of “Ice” found was about $10,000. The value of herbal cannabis was about $600.
The defendant is 45. He received education up to Form 2. He was a cook, a labourer and renovation worker. He was divorced in 1994, with a daughter.
He has 24 previous convictions. Nine were possession of dangerous drugs.
He was an addict at the time of the offence, spending about $3,000 a month on “Ice”.
He was co-operative, and pleaded to the charges during committal proceedings.
For the 1st count, there were 3 grammes of “Ice”. The starting point should be 4 years and 2 months’ imprisonment, according to Ching Kwok Hung. I deduct 1 year and 5 months for his plea.
I sentence him to 2 years and 9 months’ imprisonment.
For the 2nd count, there were 0.91 grammes of “Ice” and 6.68 grammes of herbal cannabis. The starting point should be 3 years and 4 months’ imprisonment. I deduct 1 year and 1 month for his plea.
I sentence him to 2 years and 3 months’ imprisonment.
For the 3rd count, there were 10.58 grammes of “Ice”. The starting point should be 7 years’ imprisonment, according to Ching Kwok Hung. I deduct 2 years and 4 months for his plea.
I sentence him to 4 years and 8 months’ imprisonment.
In view of totality, I order that 1 month of the sentence of the 1st count to run consecutive to the sentence of the 3rd count. Likewise, 1 month of that of the 2nd count to run consecutive to the 3rd count.
The defendant has to serve a total of 4 years and 10 months’ imprisonment.