HKSAR v. Lo Chun Cheong

DCCC1183/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1183 OF 2008

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Reasons for Sentence

1.Please remain seated whilst I deal with my reasons for sentence. 

2.Defendant, you pleaded guilty to two offences of trafficking in dangerous drugs, each contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance Cap.134.  Additionally, you plead guilty to one single offence of possession of dangerous drugs contrary to sections 8(1)(a) and (2) of that same ordinance.  You admitted the amended brief facts and I convicted you.  Briefly those facts were as follows.

3.At 6.45 pm on 12 October last PC34395, PW1, was patrolling the corridor of the 5th Floor of 104 Fuk Wa Street, Sham Shui Po.  He observed you outside the rear flat.  You then entered that flat.  PW1 was suspicious and followed you in and intercepted you.  You were searched and he found a packet containing 500 tablets of suspected dangerous drugs in your right front pocket.  That is P1.

4.After arrest and caution you said, “Ah Sir, I was caught red-handed.   These shake head pills are for my own consumption.  Some of them are for sale.”

5.At about 7.16 pm that same day PW1 intercepted D2 at the staircase on the 4th floor.  A search revealed a chewing gum bag in his right front pocket.  It contained two packets of suspected dangerous drugs; P2 and P3 and 24 tablets of suspected dangerous drugs which are P4.  A house search revealed a packet of dangerous drugs, P5, in a drawer therein. 

6.After interview you admitted that D2 owned the flat, that you  had lived there for one to two weeks, that you had bought P1 - that is the ecstasy - for $10,000, that you intended to sell half.  P2 to P4 was ecstasy and ketamine which belonged to you.  You had asked D2 to collect them from a friend downstairs.  It was your intention to sell part.  That is Charge 2.

7.You also bought P2 to P4 for $1,000.  P5 was ketamine belonging to you - Charge 3.  Subsequently, all the dangerous drugs were analysed with the following results.

8.P1 was found to be 1.6 grammes of methamphetamine, 3.47 grammes of MDA, 24.22 grammes of MDA.  P2 was 12.15 grammes of powder containing 9.17 grammes of ketamine; P2, 24.6 grammes of powder containing 20.25 grammes of ketamine; P4, 0.1 grammes of methamphetamine, 0.19 grammes of MDA and 1.7 grammes of MDA.  P5 was 0.25 grammes of powder containing 0.2 grammes of ketamine.

9.You admitted to 12 previous convictions, six of which related to dangerous drugs. 

10.To assist me when sentencing you I ordered a probation officer’s background report.  That report is now before me and has been considered by me.  Miss Lai, on your behalf, has very helpfully provided me with written submissions.  The factual information that she provides accords very much with what is in the probation report. 

11.You are 25 years of age, presently unemployed, having been remanded in custody since the offence and you are confirmed to be a drug addict.  I accept that part of the drugs would be for your own consumption.  The amount you claim to be for sale was about 50 per cent with 50 per cent for your own consumption.  However, this is very difficult to gauge and very imprecise. 

12.In sentencing you I have taken into account the contents of the report, the mitigation advanced and, of course, the facts of the case; the most important factor being, of course, the total amount of narcotics, that being approximately 60 grammes of ecstasy and ketamine.  The new guidelines provide for a starting point of 6 to 9 years' imprisonment.  In my opinion, there is an aggravating feature here in that you involved D2 in the transportation of these goods, a man whom I found to be innocent and foolish.

13.I do take into account that all the drugs would not be sold by you.  Some would be for your own consumption.  Taking into account all matters of mitigation and all matters of aggravation, I take an overall starting point of 6 years' imprisonment which is the lowest end of the scale.  To allow for your plea of guilty you will be sentenced as follows.  Would you stand up, please?

14.On the 1st charge I take as a starting point 5 years' imprisonment reduced to 40 months; that is 60 months reduced to 40 months for your plea of guilty, so you will go to prison for 40 months.  On Charge 2 I take a similar starting point of 60 months' imprisonment reduced to 40 for your plea of guilty.  On Charge 3, I take a starting point of 9 months' imprisonment reduced to 6.  To apply the principle of totality and to achieve the overall sentencing level that I indicated I would adopt the 2nd charge will be served in the following way:  the second period on the 2nd charge will be 8 months will be consecutive and 32 months will be concurrent.  On Charge 3 the 6 months' imprisonment will be wholly concurrent.  That gives an overall sentence of 4 years' imprisonment; 48 months.