HKSAR v. Lee Tin Lung, Paul

DCCC919/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 919 OF 2010

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to two charges, the first being a charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134, Laws of Hong Kong. The particulars being that you on 3 July of this year at the premises mentioned in the charge unlawfully trafficked in 6.59 grammes of a mixture containing 1.33 grammes of heroin hydrochloride and 5.71 grammes of a crystalline solid containing 5.56 grammes of methamphetamine hydrochloride, otherwise known as “Ice”.

2.The 2nd charge that you have admitted is a charge of possession of Part I poisons, contrary to section 23(1), 33(1) and 34 of the Pharmacy and Poisons Ordinance, Chapter 138, Laws of Hong Kong.  The particulars being that at the same place and at the same date you had in your possession 81 tablets containing zopiclone otherwise than in accordance with the provisions of the Pharmacy and Poisons Ordinance, Cap. 138.

3.The Summary of Facts which you have admitted are extremely straightforward and simply indicate that on the date in question officers carrying out anti-dangerous drugs duties entered your premises at No.27K, Nai Wai, Castle Peak Road of Lam Tei, Tuen Mun, and executed a search warrant.  Inside the premises the drugs and the Part I poison were discovered together with typical trafficking paraphernalia in the form of resealable plastic bags and an electronic scale.  The “Ice” was contained in two separate packets and the heroin in 25 plastic straws. 

4.Under caution, you told the police that the Part I poison was for your own consumption and the “Ice” and heroin you would sell to others if you could not consume it yourself. 

5.You are 35 years of age and are single.  You have 19 previous convictions including 4 drug-related offences, one of which, the last one, was for trafficking in dangerous drugs when you received a 16-month prison sentence. 

6.The only real mitigation in your case is your plea of guilty and I will give you credit for that which will be reflected in my sentence. 

7.In sentencing you, I take all that has been said into account on your behalf and I have read the various letters that have been submitted on your behalf.  I have also read the letter from Operation DAWN, but as your counsel has rightly said, a probation order for an offence such as trafficking is an unrealistic option. 

8.With regard to Charge 1, the amount of narcotic this court is dealing with is 1.33 grammes of heroin and 5.71 grammes of “Ice”.  This amount of “Ice” would normally attract a starting point of 5 years' imprisonment or thereabouts.  I propose therefore to increase the starting point to 5½ years' imprisonment, to take account of the small amount of heroin that is included in this charge.

9.To take account of your plea of guilty, I will deduct one-third, coming to 3 years 8 months' imprisonment on Charge 1. 

10.With regard to Charge 2, I adopt a starting point of 6 months' imprisonment which will be similarly reduced by one-third, to take account of your plea of guilty, coming to 4 months' imprisonment on Charge 2. 

11.Due to the question of totality of sentence, I order the sentence on Charge 2 to run concurrently to the sentence on Charge 1, arriving at a total sentence of 3 years 8 months' imprisonment in all.