HKSAR v. Chu Shun Hang

HCCC 533/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 533 OF 2014

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: The defendant was originally tried for one count of trafficking 27.82 grammes of ‘Ice’. He was convicted by the jury of an alternative count of possession of the drug.

On 25 June 2014 shortly before midnight, two plainclothes police officers spotted the defendant in the vicinity of Camp Street, near Fuk Wing Street. The officers felt suspicious and followed the defendant from Camp Street, along Fuk Wing Street to Kiu Kiang Street. The defendant then boarded a taxi at Kiu Kiang Street. The officers rushed forward and stopped the taxi. They then took the defendant to 145 Kiu Kiang Street for a body search. They found a black plastic bag from the left-front pocket of the defendant’s jeans. Inside the bag was a white plastic bottle. Inside the bottle was a transparent plastic bag containing the ‘Ice’ as set out in the charge.

According to police statistics, the street value of the ‘Ice’ was about $15,900.

The defendant is 45 years old, he is single living with his mother. He has 11 previous convictions. He was sentenced to 4 months’ imprisonment for possession of a dangerous drug in 2012 and 2013. He completed form five education. At the time of the present offence, he operated a BBQ resort in partnership with others, earning about 20,000 per month. He started taking ‘Ice’ in 2011. He is no longer an addict according to the Drug Addition Treatment Centre report.

The defendant indicated to the prosecution that he would plead guilty to possession of the dangerous drug on 7 October 2014. It was not accepted. He further confirmed his plea to possession before this trial started. I would give him the full one-third discount.

According to the approach set out in Wan Sheung Sum CACC 438/1999, the ‘Ice’ in this case was a substantial amount and the latent risk is high.

I take 18 months as the starting point. I add 9 months for the latent risk. The final starting point is 27 months’ imprisonment. I deduct 9 months for his plea. There be no further mitigating factor, I sentence him to 18 months’ imprisonment.