When questioned, you denied the drugs were yours, but by reason of your plea, you accept that you had them in your possession for the purpose of self‑consumption, which the prosecution now accept.
You are a mature man with a partner and have been working as a decoration worker, although you told the police that you were unemployed at the end of 2020.
Unfortunately, you have a significant criminal record for unrelated offences dating back as far as 1991 in which you received probation, training centre orders and DATC. In 2000 and 2016, you were dealt with for possession of dangerous drugs and in 2017, you were before the courts for trafficking in dangerous drugs for which you received a sentence of 4 years and 6 months in total. This is not therefore your first offence for dangerous drugs.
You are now 44 years of age. You were born in Thailand and adopted by your parents who are now sadly both deceased. You were educated up to Primary 4, but you were unable to complete that level. You have been working since you were 15 years of age as a messenger, a warehouse worker and a decoration worker. And, latterly, you were employed as an environmental recycling worker.
Before this court could sentence you for the possession of 12.9 grammes of ‘Ice’, it was required to comply with section 54A of the Dangerous Drugs Ordinance and seek a report on your suitability for cure and rehabilitation before imposing a custodial sentence. According to HKSAR v Wong Pui Wo Kenny [2018] 5 HKLRD 424, the calling for a report in such circumstances is not an exercise of discretion. It is mandatory where a custodial sentence is envisaged.
That report, dated 29 November 2022, indicates that you are not suitable for DATC because you are no longer drug‑dependent. Unfortunately, I suspect you will not remain drug free for long. In accordance with HKSAR v Mok Cho Tik [2000] 1 HKC 261 and HKSAR v Wan Sheung Sum [2000] 1 HKLRD 405, the usual starting point for sentence for being in possession of drugs of this type and quantity is 12 to 18 months. The evidence before me suggests that there might have been a risk as a regular user that you would have shared your drugs given the quantity in your possession and your lack of funds and upon your own admission to the police, your lack of employment.
I therefore consider a starting point of 18 months to be appropriate. However, you indicated your plea on this basis at an early stage and as a consequence no court time was wasted.
I will discount that sentence by one‑third and you will serve a sentence of 12 months’ imprisonment.