HKSAR v. Wong Chin Hung

HCCC 483/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 483 OF 2016

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

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COURT:

The defendant has pleaded guilty to two charges in the Magistrates Court and has been committed to this court for sentencing. The 1st charge is that he trafficked in a dangerous drug, namely 38.09 grammes of a crystalline solid containing 37.53 grammes of methamphetamine hydrochloride. The 2nd charge is for possession of dangerous drug, namely 0.50 gramme of a solid and powder containing 0.40 grammes of heroin hydrochloride, 3.79 grammes of herbal cannabis and 0.15 grammes of a solid containing methamphetamine.

The facts reveal that on 19 April last year, police officers saw the defendant leave his flat and upon stopping him and searching him, they then found nothing on his person. A search warrant was executed and using the defendant’s keys, entry was gained into Room 2, on the 12th Floor of the Whitty Street building.

Inside his room, was found, inter alia, 13 plastic bags containing the drugs which is in the 1st count. There was also a plastic bag containing 0.49 grammes of a solid containing 0.4 grammes of heroin hydrochloride. There was a metal grinder containing 3.79 grammes of herbal cannabis and nearly 200 resealable plastic bags were found in a black paper box. There was also found an electronic scale. Also found were equipment for inhaling drugs and taking of drugs.

Under caution, the defendant admitted that all the drugs were his and had nothing to do his girlfriend who was also found inside the premises.

Under caution in a subsequent video-recorded interview, the defendant said that he had been consuming drugs for about six to seven years. He said he consumed a mixture of sometimes “Ice’, sometimes heroin and sometimes cannabis. He said he worked as a water and electrical worker and his monthly income was around $15,000.

The estimated retail value of the drugs seized was about $12,385.22.

The defendant now admits that he was trafficking in the drugs in the 1st count, although some of the drugs were for his own consumption.

Mr Cheung, in mitigation, said that the defendant is aged 35 and confirmed that he had been living with his girlfriend at the subject premises. He resorted to drug trafficking because of financial problem. There is evidence that he is a drug abuser because the urine analysis conducted by the Correctional Services Department three days after his arrest showed positive for amphetamine and morphine. And also by his early plea and his letter to this court, it is a strong indication of the defendant’s remorse.

As pointed out by Mr Cheung, correctly, the sentencing guideline for methamphetamine hydrochloride is laid down in the case of Tam Yi Chun [2014] 3 HKLRD 691. The Court of Appeal suggested that for trafficking between 10 to 70 grammes of methamphetamine hydrochloride, a suggested sentence of 7 to 11 years’ imprisonment after trial is appropriate.

For the present Charge 1, the amount of drug is 37.53 grammes which would merit a starting point sentence of between 8½ to 9 years.

The defendant has a clear record and is a part-time electrician. In view of the facts which have been admitted and his background, I would adopt a starting point of 8½ years’ imprisonment for the 1st charge.

He will get the advantage of his early plea, thus reducing the sentence by one-third and I will reduce it slightly more because I accept that, as a drug abuser, he may pinch some of the methamphetamine hydrochloride for his own consumption. However, I do not think that he would take a significant portion of that, so I will reduce the sentence to 5 years and 6 months.

As far as the 2nd charge is concerned, for the possession of dangerous drugs, I would consider an appropriate sentence of 12 months, reducing it to 8 months.

Taking into account the totality principle, I will make the sentence on the 2nd charge concurrent to that of the 1st charge. So the defendant will go to prison for a total of 5 years and 6 months.