HKSAR v. Chan Ka Chun

DCCC 382/2022

[2024] HKDC 1001

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 382 OF 2022

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REASONS FOR SENTENCE

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1.The Defendant (“D”)  pleaded guilty to a charge of trafficking dangerous drugs of 13.6 grammes of a crstalline solid containing 13.6 grammes of methamphetamine hydrochloride (“ice”).

2.In the afternoon of 5 January 2022, the police found the D was acting furtively at the back entrance in a public housing estate.  He was stopped for enquiry.  The police found D was holding one resealable transparent plastic bag wrapped with black adhesive tape.  That bag contained the dangerous drugs in question.

Criminal record

3.D has 30 court appearances with 42 convictions records, with 6 counts of drugs related offences, mainly possession of dangerous drugs.  None of them related to the present offence.  His last conviction was in 2019 for an offence of possession of part one poison.  His sentence was a fine of HK$1,000.

Mitigation

4.D is 46 years old, single.  D receives CSSA of about HK$5,000 per month at the time of the arrest as he was unemployed.

Sentence

5.According to the leading authority of HKSAR v Ching Kwok Hung [1991] 2 HKLR 125 and HKSAR v Tam Yi Chun [2014] 3 HKLRD 691, for the quantity of 13.6 grammes of ice, it falls into the sentencing bracket of 7 to 11 years.

6.As such I take the starting point 7 years and 3 months.  That is 87 months.  D pleaded guilty on the first day of the trial, he is not entitled to the usual 1/3 discount.  Nonetheless, I allow him a 25% discount, the sentence comes down to 65.25 months.  I further round down the sentence to 65 months.

7.D is ordered to serve a period of 65 months imprisonment.