HKSAR v. Nguyen Van Duc

DCCC 119/2019

[2019] HKDC 1378

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 119 OF 2019

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Reasons for Sentence

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1.The defendant has pleaded guilty to a single charge of trafficking in a dangerous drug, the drug being methamphetamine hydrochloride, known as “Ice”, and the quantity being 6.11 grammes of that drug.

2.The defendant comes before the court as a result of a stop-and-search operation conducted on 30th October 2018 at about 11.21 in the morning.  The defendant was in Sham Shui Po and was stopped after running away from police and dropping a small bag on the ground.  On search of the bag, the drug was found to be contained within it.  There were totally about 28 bags that contained quantities of the drug. 

3.The quantity of drug, the narcotic quantity, is 6.11 grammes, valued at $3,941.

4.The defendant admitted at the time to be addicted to the drug “Ice”, but at that time did not have possession, although today he admits trafficking by possession for the purpose of trafficking in the drug.  He denied possession of the drug but he has today admitted trafficking in the drug.

5.As far as his background is concerned, the defendant is 47 years old.  He admits he is a user and addict of the drug “Ice”.  He has some 44 previous convictions, a total of 56 offences:  seven for possession of dangerous drug, no previous convictions for trafficking.

6.The defendant is originally from Vietnam and moved to Hong Kong for settlement and eventually acquire a right of abode and citizenship.  He has a wife and a son aged 7 years old in Vietnam.  He has worked as a construction worker in the past.  At the time of his arrest he was homeless, living under a footbridge.

7.The defendant admits that he carried the drug in question for a monetary incentive.  He was delivering the drugs. 

8.The defendant has indicated his plea at an early stage and wishes to receive a full one-third discount.

9.I find there are no aggravating factors.

10.The mitigating factor to be considered is the defendant’s plea of guilty.

11.The determination of the starting point of sentence is made by reference to the authority.  There is a guideline sentence for this drug.  Trafficking for up to 10 grammes of “Ice” leads to a starting point for sentence of between 3 to 7 years’ imprisonment.

12.Given the quantity of drug in this case, I would determine the starting point to be one of 5 years’ imprisonment.  That is, 60 months’ imprisonment.

13.After deduction for the defendant’s plea of guilty, that would lead to a sentence of 40 months’ imprisonment.