HKSAR v. So Suet Chung and Others

DCCC652/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.652 OF 2010

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Reasons for Sentence (D3)

1.There are 3 defendants in this case. D2 has however absconded and we are dealing only with D1 and D3, who is 17 years old.

2.D1 faces charge 1, trafficking in dangerous drugs, namely 2.97g of Methamphetamine hydrochloride (“ice”); charge 2 trafficking in a liquid with 0.1g of a mixture containing methamphetamine; and charge 3 keeping a divan where “ice” was being sold to be inhaled.

3.D3 faces charge 5 only, inhalation of a dangerous drug, “ice”, contrary to s.8(1)(b) and (2) of the Dangerous Drugs Ordinance, Cap.134.

4.They each pleaded guilty to their respective charge(s), admitted to the summary of facts and were duly convicted.

Facts

5.D1 was intercepted by Police officers when exiting Room 1101 of Shin Nga House. 11 plastic bags of dangerous drugs (“P-1”) were found on him and he was arrested for trafficking in dangerous drugs. D1 said under caution that those were “ice” and were for his own consumption.

6.Room 1101 was then raided and a Luk Man, a male and D3 were found inside inhaling “ice” with bottles. D1 was further arrested for keeping a divan. D1 claimed under caution that Room 1101 was Luk Man’s premises, but D1 was the person who supplied “ice” to Luk Man, the male and D3 for inhalation. Cash of $1,560 was found on D1.

7.The male and D3 were arrested for inhaling dangerous drugs. D3 admitted under caution that she was taken to Room 1101 by D1 and she inhaled “ice” inside Room 1101.

8.Police found a total of 6 plastic bottles containing liquid, some used tin foils, an electronic scales, a roll of tinfoil, some straws and a number of empty transparent re-sealable plastic bags inside room 1101.

9.In a subsequent video recorded interview, D1 claimed that the “ice” found on him was bought from “Ah Keung” for $2,300 on 2^nd March 2010. D1 came to know Luk Man around a month ago when he went to Room 1101 with another friend to consume dangerous drugs there. Luk Man gave D1 the keys to Room 1101 to facilitate his access. The “ice” inhaled by Luk, the male and D3 on the day of their arrest were supplied by D1 free of charge. The bottle used by them to inhale “ice” was made by D1.

10.On 3^rd March, 2010, Police obtained a record of interview from D3. Under caution, D3 admitted that on 2^nd March 2010 she went to Room 1101 at the invitation of D1 and she bought a packet of “ice” from D1 for $200. She then inhaled the “ice” with a bottle inside Room 1101.

11.The estimated street value of the “ice” found on D1 when intercepted as at March 2010 was $1,982.88 (at $648 per gramme).

12.The last paragraph of the summary of facts states that at all material times, D1 possessed P1 for the purpose of trafficking. D1 trafficked in the liquid “ice” by way of supplying them to Luk Man, the male and D3. D1 and Luk Man jointly kept a divan at Room 1101, Shin Nga House where methamphetamine hydrochloride was sold and inhaled therein.

Previous convictions

13.D3 had a previously clear record.

Mitigation:

D3

14.D3 is 18 years old, she was 17 at the time of the offence. The defendant is now studying Form 6 at Tai Po Heung Yee Kuk Secondary School. D3’s father is unemployed, while her mother works as a causal worker in Kentucky fried chicken. The family is on public assistance. D3 only started taking drugs in February 2010 and had tried it only 2-3 times. D3 was required to repeat F.4 in another school where she was isolated and frustrated and quarreled with her parents. Worse, she was pressured by her peer group to take drugs. The money used to buy drugs were pocket money given by her mother. She spent about $200 on the drugs.

15.D3 took 2 drug tests on 17^th and 25^th October 2010 and they were both negative.

16.Letters from her school principal, church and her school report were submitted.

Sentence

D3:

Charge 5

17.Given the age and previously clear record of D3, a Probation Officer’s report was called for prior to sentencing. The contents of the Probation Officer’s report is very encouraging, I accepted the probation officer’s recommendation and sentenced D3 to 12 months’ probation supervision with the extra conditions as set out in the report.