HKSAR v. Leung Wing Ho

DCCC 239/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 239 OF 2017

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Reasons for Sentence

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Charges and facts

1.The Defendant pleads guilty to possession of a dangerous drug (1^st Charge).  The prosecution agrees to accept his guilty plea to careless driving for the charge of dangerous driving (2^nd Charge).  He is convicted and sentenced accordingly. 

2.On 19/12/2016 at around 7:50 pm, in a traffic jam SGT 54400 tried to intercept a private car bearing registration mark SU 817 driven by the Defendant for enquiry on To Kwa Wan Road.  He stood about 1 metre in front of it when he produced his warrant card and demanded the Defendant to alight from the car. The Defendant hesitated for a while and alighted from the car, with the engine still on and no one on board.  The car moved forward at a speed of about 1 – 2 kmh while the driver side door was left ajar.  SGT 54400 ran to the car for its handbrake but in vain.  The car moved at a speed of 3 – 4kmh until it rammed into a taxi stopped at the right front of the car.  SGT 54400 got to the handbrake and applied it to stop the car.  His leg was caught by the driver side door.  He reversed the car a bit to release himself, then stopped the car. 

3.The taxi had its bumper, headlight, wing and bodywork damaged by the car.   

4.He had in his trouser pockets an iPhone, $250, and 23 plastic bags containing a total of 4.63 grammes of a solid containing 4.05 grammes of cocaine. 

Mitigation

5.He is aged 26, of secondary education level and lives with his parents and elder sister. He last worked as a hotel housekeeper.  He had a drug trafficking record in 2009 for which he was sentenced to DATC.  I call for a DATC report.  He is no longer drug-dependent now.   

6.He had no previous careless driving or related records. 

Sentencing this Defendant

7.It must be regarded as a very serious case of careless driving for a driver to leave a moving vehicle when its engine is still on, the more so when resulting in someone being injured and another car damaged.  I take 3 months’ imprisonment as a starting point for the careless driving (2^nd Charge).  After a one-third discount for the plea of guilty, the sentence is 2 months.  There is an order for disqualification of 2 months for deterrence. 

8.I take a basic starting point of 12 months for the 1^st Charge.  There were 23 packets of cocaine being carried by him in the car.  Owing to the latent risk of distribution.  I take an actual starting point of 15 months.  After a one-third discount for the plea of guilty, the sentence is 10 months. 

9.On totality basis, I order the sentences to be concurrent.