HKSAR v. Lee Chi Man

DCCC 452/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 452 OF 2015

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REASONS FOR SENTENCE

The defendant is charged with 1 offence of "Trafficking in dangerous drugs". He pleaded guilty to "Possession" and it was accepted by the prosecution.

Summary of Facts

2.About 11:30 pm on 31 March 2015, PC 8682 (PW1) stopped the defendant for enquiry outside Oi Tai House, Fu Tai Estate, Tuen Mun.  Upon search, PW1 seized a plastic bag from the defendant's right front trouser pocket.  The plastic bag was later found to contain 12.60 grammes of a solid containing 7.19 grammes of methamphetamine hydrochloride and 4.43 grammes of ketamine.

3.Under caution, the defendant remained silent.  In his video-recorded interview, he admitted possession of the drugs.

Mitigation & Sentence

4.The defendant is 39 and has 31 conviction records, which include 10 "simple possession" offences and 1 "trafficking" offence.  Defence counsel Mr. MAK informed me that the defendant is divorced with no children.  He has lost contact with his family members for more than 10 years.  He resides alone.  The defendant is a delivery worker earning a few thousand dollars per month.  He also relies on social welfare.  A letter written by the defendant was placed before me; its contents are duly noted.

5.In mitigation, Mr. MAK accepted that the defendant is a habitual drug user.  Regarding the present offence, Mr. MAK submitted that the defendant requested less than 1 gramme of ICE from a friend, but was given more than he had asked for.  He promised to pay his friend the following day since he would receive his welfare money on 1 April. Mr. MAK further submitted that there is no evidence of trafficking.  Hence, the latent risk is low to moderate.

6.According to the DATC Report, the defendant is no longer a drug dependant.  He has been remanded in jail custody since April this year, the result is somewhat expected.  Although a DATC Order is not necessary, an immediate custodial sentence is inevitable.

7.In the present case, 7.19 grammes of ICE and 4.43 grammes of ketamine (mixed and contained in 1 plastic bag) were involved.  When determining the proper starting point, I have borne in mind the 3-step approach laid down in HKSAR v WAN Sheung Sum [2000] 1 HKLRD 405.  First, the defendant being a repeated offender of "simple possession", for the quantity and nature of the drugs involved, I adopt a starting point of 18 months' imprisonment.  Second, 7.19 grammes of ICE (mixed with some ketamine) are a significant quantity and it must be a latent risk factor.  In the absence of any other evidence suggesting "trafficking", I accept that the risk is moderately low.  I will add 6 months to reflect it.  In other words, the starting point shall be 24 months.  With the guilty plea, I sentence the defendant to 16 months' imprisonment.