HKSAR v. Cheung Ka Lam

DCCC 77/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 77 OF 2016

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REASONS FOR SENTENCE

1.D2 pleaded guilty to a charge of "Inhaling a dangerous drug" (Charge 5). The dangerous drug involved is heroin.

Summary of Facts

2.About 7:30 p.m. on 12 October 2015, a team of police officers entered the premises particularized in Charge 5 ("the Flat").  Upon entry, they found a Chinese male standing near the main door of the Flat.  He claimed to be the person-in-charge of the premises.

3.There were 7 tables inside the Flat; whereas tools fit for inhaling dangerous drugs were found on 6.  Sitting at the 6 tables were 4 Chinese males and 2 Chinese females (including D2).

4.PCs 9415 and 13814 searched the Flat in the presence of D2 and the other 5 persons.  More inhaling tools were found.

5.Under caution, D2 admitted that out of momentary need, she went to the Flat to inhale heroin.  She used $200 to buy a pellet of heroin.

Mitigation & Sentence

6.D2 is 33 and single.  She has 12 conviction records, which included 5 "simple possession" offences.  Mr. FU informed me that D2 is currently serving a total of 7 months' imprisonment (counting from the end of May 2016).  D2 relies on social welfare and sometimes receives money from her parents. 

7.In mitigation, Mr. FU submitted that D2 was the only person prosecuted for "Inhaling a dangerous drug" because all others who were present at the Flat remained silent.  Mr. FU also submitted that D2 has been suffering from asthma for about 10 years.

8.DATC Report revealed that D2 is a drug dependant but a DATC Order is not recommended due to her long addiction history, repeated failure in drug addiction treatment and repeated criminal activities.

9.For Charge 5, I adopt a starting point of 6 months' imprisonment.  With the guilty plea, I sentence D2 to 4 months' imprisonment.  Bearing in mind the totality principle, I order 3 months in Charge 5 to be served consecutive to all her existing sentences.