HKSAR v. Leung Chung Man, Binnie

DCCC1025/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1025 OF 2008

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Before:   Deputy District Judge W C Li

Date: 9 March 2009 at 11.01 am

Offence:  Possession of a dangerous drug, etc. (管有危險藥物等罪項)

Reasons for Sentence

1. The defendant pleaded guilty to two charges.  Charge 1 is simple possession of cocaine and Charge 2 is trafficking in a dangerous drug, i.e., cocaine.

2. Cocaine is a hard drug and sentencing on cocaine would follow the guidelines in that of heroin, and the leading case is Lau Tak Ming.

3. Trafficking in 10 to 50 grammes of cocaine, the range of sentence is between 5 to 8 years.  This is for trafficking.  So with regard to Charge 2, the defendant would be looking at an imprisonment term of 6 years.

4. For Charge 1, a simple possession, I do not intend to call for a DATC Report as the defendant on Charge 2 will be given 4 years on a plea of guilty.  I will make the sentences concurrent as they are part of a series of the same transaction.

5. Defence in mitigation asked the court to consider that the drugs in the second charge, part of it, were for own consumption.  This is against the evidence admitted by the defendant and the court does not accept this part of the mitigation.

6. The defendant’s only mitigation is his plea of guilty, and for his plea of guilty he will receive one-third discount in the sentence.  The defendant will be sentenced as follows.

7. On Charge 1, 18 months starter, one-third off, the defendant is sentenced to 12 months’ imprisonment.  Charge 2, 6 years starter, one-third off for his plea, the defendant is sentenced to 4 years’ imprisonment.

8. The sentences in Charges 1 and 2 are to run concurrently, so the total term in respect of both charges will be 4 years.