HKSAR v. Wan Sung Lok

DCCC 1036/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1036 OF 2016

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Reasons for Sentence

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1.The Defendant pleads guilty to a charge of drug trafficking.  At nighttime on 12 September 2016 the police on duty in plain clothes at a road junction in Tuen Mun found the Defendant’s behavior suspicious, resulting in a body search which yielded a bag of the drug commonly known as ICE (later confirmed to be 26.5 grammes of a substance containing 8.31 grammes of methamphetamine hydrochloride) from his trouser pocket.  After arrest and caution, he said the drugs were for sharing with his friends and for his own consumption.

2.His residence was searched with no results. 

3.He is 24 years of age, of F. 5 education level.  He was sentenced to DATC for theft in September 2015.  Though released in February 2016, he was unable to stay clean and soon found himself without money and craving for drugs.  On the night in question, he was running the errand to get the ICE from his supplier for a friend CHAN who could not get it elsewhere.  He was arrested by the police with the ICE about to be delivered to CHAN.  

4.Mr. Woon submits that it was the Defendant’s intention to request for a small part of the bulk as reward although the request or the amount had not yet been discussed with CHAN. 

5.In A.G. v Ching Kwok-hung [1991] 2 HKLR 125 the Court of Appeal states that trafficking in up to 10 g of ICE shall warrant 3 to 7 years' imprisonment as the starting point. 

6.In HKSAR v Chow Chun-sang [2012] 2 HKLRD 1116, the Court of Appeal suggests to have the starting point reduced by 10% - 25% if the judge is satisfied that part of the drugs was for the defendant’s own consumption.

7.I take a basic starting point of 5 years and 9 months.  His claim of intending a small part of the drugs for his own consumption is not wholly unreasonable.  I reduce the basic starting point to 5 years.  There is a one-third discount for his timely guilty plea.  The sentence is 40 months.