HKSAR v. Li Chun Kin

DCCC 689/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 689 OF 2015

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Reasons for Sentence

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Chargesand facts

1.The Defendant pleads guilty to trafficking in methamphetamine hydrochloride or usually known as “Ice” (1^st Charge) and possession of equipment fit and intended for the smoking of it (2^nd Charge). 

2.When his cohabitant stepped out from their home in a public housing unit, she was stopped by the police.  By dint of a search warrant, the police searched their home and found the following items, among others:

(1) a plastic bag with contents (later found to be 9.83 grammes of a crystalline solid containing 9.52 grammes of methamphetamine hydrochloride), the subject-matter of the 1^st Charge;

(2) a metallic cylinder with one plastic straw and one glass tube, the subject-matter of the 2^nd Charge;

(3) a re-sealable plastic bag with powder (later found to have traces of Ice);

(4) an electronic scale;

(5) a bunch of re-sealable plastic bags.

3.In the subsequent interviews under caution, the Defendant said as follows:

(1) he lived there with his cohabitant and their 3-year-old son;

(2) he was a drug addict;

(3) he bought Ice at $1,600 on the evening of 30 May 2015;

(4) the Ice found by the police was the remainder after his consumption;

(5) he would consume it himself and treat his friends to it;

(6) the cylinder, the glass tubes, and the plastic tube were for smoking Ice;

(7) the electronic scale was for weighing the Ice;

(8) the re-sealable plastic bags were for distributing the Ice to others when he treats them;

(9) the powder in the re-sealable plastic bag was traces of Ice.

Defendants’ personal background and mitigation

4.He is 39 years of age, educated up to P. 2 level.  He is on the point of divorce from his wife, who lives in Mainland China and works as a saleslady.  They have a 13-year-old son, taken care of by the Social Welfare Department.  His cohabitant is not working.  At the time of arrest, he earned $13,000 per month as a printing worker. 

5.He had a number of criminal convictions, including 3 for simple possession of dangerous drugs (sentenced in 1996, 1997, and 2012 respectively), and 1 for possession of equipment fit for smoking dangerous drugs (sentenced in 2012).

6.The Ice found in his home could last more than a month.  He had no preset quantity for treating his friends. 

Sentencing considerations

7.As stated in AG v Ching Kwok-hung [1991] 2 HKLR 125, later emended in HKSAR v Capitania [2004] HKCU 926, trafficking of “Ice” of up to 10 g shall warrant 3 – 7 years' imprisonment.

8.The Court of Appeal in HKSAR v Chow Chun-sang[2012] 2 HKLRD 1116 stated that the starting point could be lowered by 10% - 25% where part of the drugs was for self-consumption. 

Sentencing this Defendant

9.I take 6 ½ years as the starting point.  I mark it down to 5 years as the revised starting point in view of his case, which I accept to be true, that an indefinite part of it was for self-consumption. One-third off for the guilty plea, the sentence is 3 years and 4 months for the 1^st Charge. 

10.I take 12 months as the starting point for the 2^nd Charge. One-third off for the guilty plea, the sentence is 8 months for the 2^nd Charge.

11.He has no other mitigating factors.  The sentences shall be concurrent.