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HCCC 302/2015
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 302 OF 2015
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| Before: |
Deputy High Court Judge S D’Almada Remedios |
| Date: |
6 October 2016 at 12.21 pm |
| Present: |
Mr Andrew Cheng, SPP of the Department of Justice,
for HKSAR
Mr Bernard Yuen, instructed by Ivan Tang & Co,
assigned by DLA, for the accused
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| Offence: |
(2) Possession of a dangerous drug (管有危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT:
Defendant, you pleaded guilty to a charge of possession of a dangerous drug, contrary to section 8(1)(a) and (2) of the Dangerous Drugs Ordinance. You admitted, on 11 March 2015, at your home in Tsui Hong House, Tsui Ping (South) Estate, Sau Mau Ping, you had in your possession 4.35 grammes of a powder containing 1.87 grammes of ketamine.
In the course of Customs officers inquiries into another allegation, Customs officers went to your home in Sau Mau Ping on 11 March 2015. At about 2.10 am, they found a blue CD sleeve in the upper panel of your computer desk. The drugs which are the subject of this charge were found inside this sleeve inside a transparent plastic zip-lock bag. You were arrested and cautioned and you informed the officers that this substance was ‘K Chai’, a commonly used synonym for ketamine. You said you consumed it yourself and it had nothing to do with your parents.
Prior to today’s hearing, I had called for a Drug Addiction Treatment Centre report. The contents of the report are accepted by you, as stated by your counsel, Mr Bernard Yuen. As can be seen from the report, it is the opinion of the officer that you are not a drug dependant and therefore considered not suitable for admission to the Drug Addiction Treatment Centre.
You are 20 years of age and have two previous convictions, one in March 2012 for trafficking in a dangerous drug and you were sent to reformatory school and as a result of your breach of your reformatory school order, you were sent to the rehabilitation centre. In October 2013, you were convicted of an offence of theft to which you were sentenced to 4 months’ imprisonment suspended for 24 months.
The report gives me a detailed look into your background. It appears that you were involved with dubious peers since a young age and, since then, consumed dangerous drugs. As a result of your association with these peers, you had committed those previous offences. Despite your time in the reformatory school and rehabilitation centre, nevertheless, you still became involved in drugs.
Mr Yuen has asked me not to consider that there is a latent risk in this case; that is that the drugs would have been distributed to other people. I accept that to be the case because the drugs were found at your home and in one plastic bag in a relatively small amount.
I hope that the report shows genuineness in that you have had some good reflection into your wrongdoing and are determined to start afresh, as I see that your father is not well, yet is still in court here with your mother, supporting you. I trust that you will have a fresh start after this present remand and turn a new leaf.
For possession of dangerous drugs, I refer to the case of Mok Cho Tik [2001] 1 HKC 261. Mr Yuen has also referred me to Archbold at page 577, Archbold 2016, where it says the three steps involved in determining the appropriate sentence for possessing dangerous drugs are:
(1) Fixing the starting point which is usually between 12 to 18 months’ imprisonment,
(2) Considering whether the starting point is to be raised in the light of potential risk of the drugs being redistributed and
(3) Considering whether the total sentence is to be reduced in light of mitigating factors.
Your only mitigating factor in this case is your plea of guilty. Had you been convicted after trial, Defendant, I would have taken a starting point of 12 months’ imprisonment. Giving you full credit for your plea of guilty, that term shall be reduced to one of 8 months’ imprisonment.
Mr Yuen has nothing to say about you committing this offence during the period of your suspended sentence and as this present offence was committed during the period of suspension, that suspended term of 4 months’ imprisonment shall therefore be activated.
In activating that suspended sentence of 4 months, the term of 4 months shall run consecutive to the present term, making a total term of 12 months’ imprisonment, which you shall so serve.
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