HKSAR v. Cheung Sin Ying

DCCC 1054/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1054 OF 2016

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REASONS FOR SENTENCE

1.Cheung Sin Ying you have pleaded guilty to two charges of trafficking in a total of 9.79 grammes of a crystalline solid containing 7.66 grammes of methamphetamine hydrochloride (‘ice’), contrary to section 4 of the Dangerous Drugs Ordinance[1].

2.In summary on 14 September last year the police intercepted you near Wu Yuet House, Wu King Estate in Tuen Mun.  In your left hand the police found one black resealable plastic bag containing 7.83 grammes of a crystalline solid containing 6.02 grammes of ice together with one mobile phone and $1,533.40. Under caution you admitted the drugs belonged to you.

3.The police then searched your home at Room 1818 Wu Yuet House.  In a storage stool under the bed the police found three transparent resealable plastic bags containing 1.96 grammes of a crystalline solid containing 1.64 grammes of ice together with one electronic scale; three straws; 193 resealable plastic bags; four cigarette boxes; one roll of tin foil and two lighters.  Under caution you admitted these drugs also belonged to you.

Mitigation

4.In passing sentence, I have carefully considered everything said on your behalf by Mr Hui, including that you have been addicted to ice for the last two years. Mr Hui however confirms that all the ice was for trafficking and none for your own use. 

5.I have read your letter of mitigation which you have written in both Chinese and English.  You now realise you have committed serious crime and promise not to reoffend.  While on remand you have taken up further studies to improve your English.  

Trafficking in ice

6.In HKSAR v Tam Yi Chun[2] the Court of Appeal recast the sentencing guidelines for trafficking in ice.  The starting point after trial where the quantity of narcotic is up to 10 grammes is between 3 and 7 years imprisonment.

7.Mr Hui submits a starting point of 4 years imprisonment is appropriate.  In support of his submission Mr Hui relies on the Reasons for Sentence in HKSAR v Lee Feng Shi[3]in which a starting point of 4 years imprisonment was taken for trafficking in 7.44 grammes of ice.  Although the guidelines were referred to they appear not to have been followed by the sentencing judge. 

8.I am satisfied the proper starting point after trial for 6.02 grammes of ice is 5 years and 3 months imprisonment and for 1.64 grammes of ice is 3 years and 6 months imprisonment.  Giving you full credit for your pleas of guilty reduces the sentence on charge 1 to 3 years and 6 months imprisonment and on charge 2 to 2 years and 4 months imprisonment.

Totality

9.I accept that the ice subject of charge 1 was from the same supply of ice found in your home.  In considering totality of sentence I am satisfied I should look at the total narcotic content. 

10.Taking into account your relatively young age and that you have no prior convictions for trafficking in drugs, I am satisfied a starting point of 5 years and 9 months imprisonment would be appropriate for trafficking in a combined total of 7.66 grammes of ice.  Giving you full credit for your pleas of guilty reduces the overall sentence to 3 years and 10 months imprisonment, which I am satisfied properly reflects your criminality on the two charges. 

Sentence

11.You are convicted and sentenced as follows: 

Charge 1 - 3 years and 6 months imprisonment; and

Charge 2 – 2 years and 4 months imprisonment with 4 months consecutive and 24 months concurrent to charge 1.

The total sentence to be served by you is 3 years and 10 months imprisonment.