HKSAR v. Choi Man Sum

DCCC 389/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 389 OF 2017

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Reasons for Sentence

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Charge and facts

1.The Defendant pleads guilty to trafficking in dangerous drugs. 

2.At around 4:03 a.m. on 4 November 2016, the police were on patrol near the junction of Market Street and Shanghai Street, Yau Ma Tei. The Defendant was seen holding a bag and behaving in a suspicious manner.  A search of the bag revealed:

(1)   1 packet which contained 1.60 grammes of a crystalline solid containing 1.56 grammes of methamphetamine hydrochloride;

(2)   A bag inside which were 4 packets which contained a total of 0.74 gramme of a solid containing 0.69 gramme of cocaine;

(3)   A bag inside which were 25 packets which contained a total of 4.56 grammes of a solid containing 4.30 grammes of cocaine.

3.He admitted after arrest and caution that the drugs belonged to him. 

4.The total narcotic quantities of methamphetamine hydrochloride and cocaine were 1.56 grammes and 4.99 grammes respectively. 

5.The estimated street value of the drugs was about $7,198.

6.He had cash of $5,805.50 and 3 mobile phones on him. 

7.In the video-recorded interview, he said:

(1)   He purchased the “Ice” and the cocaine for $2,000 from an unknown male at 12 a.m.;

(2)   He would smoke the cocaine in cigarettes and inhale the Ice by a bottle;

(3)   He had been consuming drugs once a day for 1 – 2 years;

(4)   At the time of arrest he was going to meet a friend at a park but his friend did not show up, so he was planning to go to his friend’s home to consume drugs.

8.At all material times, he was in possession of the drugs for the purpose of unlawful trafficking.

Mitigation

9.He is 26 years old, of F. 3 education level.  He last worked as a decoration worker.  He lives with his sister and her husband, who have 2 young children.  He regularly contributes to the household expenses. 

10.He is now serving a sentence of 14 months for drug trafficking involving 2.67 grammes of cocaine.  The offence was committed on 19 June 2017.  The sentence was imposed on 27 September 2017.    

11.His solicitor Mr. HUI asks me to consider a sentence partly concurrent with that. 

Sentencing considerations

12.It is 2 – 5 years’ imprisonment for trafficking below 10 g of cocaine (Attorney General v Rojas [1994] 1 HKC 342; R v Lau Tak Ming [1990] 2 HKLR 370). 

13.It is 3 – 7 years for up to 10 grammes of methamphetamine hydrochloride (A.G. v Ching Kwok-hung [1991] 2 HKLR 125).

Sentencing the Defendant

14.I consider a starting point of 3 years 6 months.  One-third off for his timely plea of guilty, the sentence is 2 years 4 months. 

15.I make an order for 6 months to be concurrent with his prior sentence.