HKSAR v. Huang Dangsheng

DCCC 460/2019

[2019] HKDC 1729

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 460 OF 2019

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Reasons for Sentence

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1.The defendant has pleaded guilty to four charges. The first two are trafficking in a drug and possession of apparatus for its consumption. The 3rd and 4th charges relate to the defendant’s possession of some cigars which are dutiable, 19 cigars which are dutiable, and his failure to declare them.

2.The defendant was arrested on 4th March at the Customs and Arrival Hall at Lo Wu Control Point.  The drugs, the equipment for their consumption, and the dutiable commodities were found on him when he was searched.  The drug, which was 5.32 grammes of methamphetamine hydrochloride, was found in three plastic bags hidden inside the defendant’s left sock. Inside the defendant’s blazer there was found the apparatus for consuming the drug, and the dutiable commodities were found in his shoulder bag.

3.There is a total of 5.32 grammes of methamphetamine hydrochloride (or “Ice”, as it is called).

4.The defendant said that he had the drugs for his own consumption and got them from a friend in the Mainland.  He had hidden the drugs in his sock and the equipment that he had was for the consumption of the “Ice”.

5.The street value of the drug is around about HK$3,000.

6.As far as the defendant’s background is concerned, he is aged, I think it is 48.  He lives in Hong Kong.  He has a wife and a child.  He has been convicted of offences in relation to gambling this year.  The offences are not relevant to sentence today.

7.As far as the determination of the starting point for sentence in this case, there is a guideline sentence for trafficking in methamphetamine hydrochloride.  The starting point for up to 10 grammes of this drug is between 3 to 7 years’ imprisonment.  The amount involved in this case is towards the middle of that range and so a starting point of 5 years (or 60 months’) imprisonment would be appropriate.

8.In respect of Charge 1, there are two mitigating factors to be considered. 

9.The first is that, although the defendant pleads guilty to trafficking in a dangerous drug, he pleads guilty on the basis of his importation of the drug. 

10.The defendant maintains in the mitigation that the entirety of the drug was for his self-consumption.  Where this is established, the defendant is entitled to a discount from the starting point of up to 25 per cent. 

11.In this case, there are clear grounds to accept that mitigation as being operative - the quantity of drug is small, the value is low, and the defendant had a means of consumption of the drug on his person - and, in respect of this case, I shall initially deduct that 25 per cent or 15 months’ imprisonment from the starting point of 60 months. 

12.The starting point is now 45 months’ imprisonment.  From that, the defendant is entitled to a further one-third discount, leading to a sentence on the 1st charge of 30 months’ imprisonment. 

13.On the 2nd charge, I will take a starting point of 6 months’ imprisonment and reduce that to 4 months’ imprisonment for the defendant’s plea of guilty.  That sentence will be concurrently served with the 1st charge. 

14.On the 3rd and 4th charge, it is the defendant’s first offence in respect of these matters, I will impose a fine of $500 on each charge.

15.Total sentence then of 30 months’ imprisonment and a fine of $1,000.