HKSAR v. Li Hoi Shan

DCCC1039/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1039 OF 2009

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Reasons for Sentence

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1.The defendant pleaded guilty to:

(1)  one charge of trafficking in dangerous drugs, namely, 8.86 grammes of a crystallised solid containing 5.81 grammes of “Ice”;

(2)  one charge of possession of dangerous drugs namely:-

(a)  6 milligrams of “Ice”;

(b)  47 tablets containing 2.18 grammes of ketamine and 0.78 grammes of “Ecstasy”;

(c)  18.45 grammes of a powder containing 3.15 grammes of ketamine.

The Facts of the Case

2.The police laid ambush outside the defendant’s premises. When the defendant came out, he was intercepted and found the drugs of Charge 1 in his T-shirt’s pocket. During a house search, drugs in Charge 2 were found in a metal box. He admitted under caution that the drugs belonged to him. In a video record of interview, defendant said that those drugs were for his own consumption.

Criminal Record

3.Defendant has 31 previous convictions. 21 related to drug offences. 5 out of 21 convictions were trafficking for dangerous drugs.

Mitigation

4.I am told he is 56 years of age. He lives with his girlfriend and his two teenage sons. He takes drugs to kill pain. He is now remorseful and vows to quit his drug habits.

Sentence

5.When I pass sentence on the defendant, I bear in mind of all the mitigating factors before me, including his guilty plea. The defendant has committed very serious offences. He also has a bad criminal record. He has been convicted for a number of drug related offences since 1988. A sentence of deterrence and punishment is necessary to reflect the seriousness of the offences.

6.For the 1st charge, the quantity involved was 5.8 grammes of “Ice.” According to the guideline of Ching Kwok Hung [1991] 2 HKLR 125, it falls into the sentencing bracket of 3 to 7 years. For the quantity involved, it warrants a sentence of 5 years and 3 months. I reduce it to 42 months to reflect the defendant’s guilty plea.

7.As to the 2nd charge, it involves a number of different drugs, such as “Ice,” ketamine and “Ecstasy.” The quantity of “Ice” was 6 milligrams while ketamine and “Ecstasy”’s total gramme was 7.11 grammes. This cannot be regarded as small quantity. However, I bear in mind that it is a charge of possession. I impose a sentence of 15 months and reduce it to 10 months.

8.5 months in Charge 2 will be run consecutively to Charge 1; therefore, a total sentence of 47 months.