HKSAR v. Tin Tak Hung

DCCC 690/2017

[2018] HKDC 148

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 690 OF 2017

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REASONS FOR SENTENCE

1.Tin Tak Hung you have pleaded guilty to one charge of trafficking in 7.55 grammes of methamphetamine hydrochloride (“ice”), 0.09 gramme of heroin; 19 tablets containing 72 milligrammes of methadone and 6 tablets containing 5 milligrammes of lorazepam, contrary to section 4 of the Dangerous Drugs Ordinance[1] and one charge of possession of 5 tablets containing prednisolone, contrary to sections 23(1), 33(1) and 34 of the Pharmacy and Poisons Ordinance[2].

2.Full particulars of the offence are set out in the facts admitted by you today.  In summary at around 00:48 hours on 11 January last year the police intercepted you leaving the unit on the 2/F of No. 202 Nathan Road in Yau Ma Tei. 

3.You were brought back into the unit for a house search.  In room 6 the police found on a folding table inside the bedroom the dangerous drugs and the poison together with 74 re-sealable plastic bags; an electronic scale and a mobile phone.   

Mitigation

4.In passing sentence, I have carefully considered everything said on your behalf by Mr Woon, including that your role was one of a storekeeper having been recruited in return for a reward of $800 to $1000. 

5.Under caution you told the police the drugs were for your own consumption.  Mr Woon informs the court that was not true and confirms that all the drugs were for trafficking. 

Starting point

6.In HKSAR v Tam Yi Chun[3] 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. I am satisfied the proper starting point after trial for trafficking in 7.55 grammes of ice is 6 years’ imprisonment. 

7.I am satisfied the small quantities of heroin; methadone and lorazepam do not add to your culpability.

Persistent offender

8.You have a long criminal record with eleven convictions for possession of drugs and two for trafficking in 2005 and 2012 when you were sentenced to 40 months’ imprisonment. By reason of your persistent offending I increase the starting point by 3 months to 6 years and 3 months’ imprisonment. 

9.Giving you full credit for your plea of guilty you are convicted and sentenced to 4 years and 2 months’imprisonment.

Possession of Part I poison

10.I am told the five tablets of prednisolone were for relieving constant pain in your right shoulder.  I am satisfied the proper starting point after trial is 3 months’ imprisonment. Giving you full credit for your plea of guilty you are convicted and sentenced to 2 months’imprisonment. 

11.I am satisfied the possession of the poison does not add to your overall culpability.  In the circumstances I order the sentence to be served concurrently to the sentence for trafficking.