Read the full judgment text of HCCC 224/2019 on BabelCite. This Court of First Instance judgment was delivered on 18 February 2020 before Deputy High Court Judge D Yau (Douglas TH Yau).
Criminal law – sentencing – possession of dangerous drugs – methamphetamine hydrochloride ('Ice') – 26.3 grammes – starting point under HKSAR v Mok Cho Tik – 12 to 18 months' imprisonment range with quantity as main governing factor – starting point of 18 months adopted – enhancement for latent risk of distribution not applied as inconsistent with jury's acquittal of trafficking – enhancement of 3 months for aggravating factors of fourth dangerous drugs conviction and commission of offence two months after release from 5-year-3-month trafficking sentence – full one-third discount for indication of guilty plea to lesser offence of simple possession – section 8(1)(a) Dangerous Drugs Ordinance (Cap 134) – Drug Addiction Treatment Centre report under section 54A(1) – final sentence 14 months' imprisonment.
Legal issues: Starting point for sentencing for possession of methamphetamine · Enhancement for latent risk of re-distribution · Enhancement for prior dangerous drugs convictions and recent release · One-third discount for guilty plea to lesser offence
Outcome: Defendant sentenced to 14 months' imprisonment for possession of dangerous drugs.
Cites 2 cases