HKSAR v. Xiang Zhentie

DCCC 713/2022

[2023] HKDC 872

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 713 OF 2022

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REASONS FOR SENTENCE

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1.The defendant pleaded not guilty to a single charge of trafficking in a dangerous drug, but he was convicted of possession of dangerous drugs after trial. He was willing to plead guilty to possession but that had been rejected by the prosecution.

The prosecution case

2.The facts of the case have been sufficiently set out in the reasons for verdict, in gist, at 0001 hours on 29^th August 2017, the defendant was sitting in the front passenger seat in a private car, when the car stopped for red light, the police officers who had followed the car took this opportunity to approach the car, the defendant was later frisked by PW1, a transparent resalable bag containing 6.49 g of a solid containing 6.08 g of cocaine was found in the right front pocket of the defendant’s shorts. The defendant was arrested for the offence of possession of a dangerous drug, under caution, the defendant replied “it has nothing to do with me”.

3.House search was later conducted at the defendant’s residence by PW1, as a result, 2 electronic scales and a black plastic bag containing 2 transparent bags each containing a quantity of small transparent resalable plastic bags (86 and 67 bags respectively) were found.

4.In August 2017, the drugs could have been sold to drug abusers at street level for HK$8,482.42.

Mitigation and sentence

5.The defendant is now 27 years old, single. He used to work as a transportation worker. He has 1 previous similar record. The defendant jumped bail and only surrendered himself on 13^th July 2022 and been in custody since.

6.The only real mitigating factor is his plea of guilty, although it had been rejected by the prosecution, he still is entitled to 1/3 discount as he was convicted of possession.

7.Before passing sentence, a DATC report has been called for, I intent not to repeat the content of the report, suffice to say he is no longer a drug addict, and DATC order is not recommended, and I do not find his personal background amounts to any real mitigating factor, given the quantity and the nature of the drug involved, the only appropriate sentence is one of immediate custodial sentence, and I will adopt a starting point of 21 months, the next issue is the latent risk factor, he had a large numbers of small transparent bags and 2 scales at home, he could have easily packed the drugs in small packets and carry with him when going out, I consider the risk is real and to be regarded as slight to medium, I will enhance the sentence by 3 months, making it a total of 24 months’ imprisonment, out of this 24 months, he is entitled to 1/3 discount for his plea, he is therefore sentenced to 16 months’ imprisonment.