HKSAR v. Leung Wai Hung

DCCC1231/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1231 OF 2010

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Reasons for Sentence

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1.Defendant, you pleaded guilty to two offences of trafficking in dangerous drugs, each contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134. You admitted the Brief Facts and I convicted you. Those facts were as follows. On 14 September of last, at about 2253 hours, two police officers (PW1 and PW2) saw you exiting from Room 2410, King Mei House, Shan King Estate, Tuen Mun. You appeared nervous. You were intercepted and PW1 found a plastic bag containing suspected dangerous drugs in the right front pocket of your trousers. You admitted taking the dangerous drugs from the premises and intending to sell them. That was Charge 1. Arrested and cautioned, you admitted it was “Ice” which you intended to sell.

2.At about 2300 hours, the officers entered the premises and PW2 conducted a search and found on a table the following articles:

(1) one plastic bag containing suspected dangerous drugs (Exhibit 2);

(2) a plastic spoon (Exhibit 3);

(3) a plastic straw (Exhibit 4); and

(4) electronic scales, one plastic bag containing smaller plastic bags and a roll of adhesive tape.

3.Further arrested and cautioned, you admitted Exhibit 2 contained “Ice” which you intended to sell.  Interviewed under caution, you repeated your admission and gave further details which are of little importance.

4.Subsequent analysis revealed the following:

(1) Exhibit 1 contained 1.38 grammes of crystalline solid containing 1.33 grammes of methamphetamine hydrochloride, “Ice”;

(2) Exhibit 2: 4.83 grammes of crystalline solid containing 4.69 grammes of methamphetamine hydrochloride; and

(3) that Exhibits 3 and 4 contained traces of the drugs.

5.The total amount of narcotic found, according to my calculations, is 6.02 grammes.

6.At the time of arrest, you had in your possession HK$8,390 and RMB343.  The street value of the drugs was just over $5,000.

7.You admitted to seven previous convictions on five occasions, the last three involving dangerous drugs.  You are in fact in breach of three suspended sentences of 6 months each to be served concurrently. 

8.On your behalf, Miss Ip entered mitigation.  She told me that you had been remanded in custody since 14 September.  She said you had been entirely co-operative with the police in making admissions as to the nature of the drugs and your purpose.  She referred me to the tariff for the trafficking in “Ice” which is 3 to 7 years, but that of course is for under 10 grammes which this is.  She asked me to take the view that the amount involved was small.  She urged me to consider a DATC report. 

9.Giving your personal details, she told me you are 40 years of age, Form 3 educated and divorced.  You have a son aged 7 who resides with your ex-wife.  Your father is deceased and your mother 80 years of age.  You live alone.  Prior to this offence, you had been a lorry driver for over 20 years and you earned approximately $12,000 per month, out of which you paid three to four thousand dollars maintenance.

10.She referred me to three letters which I have read, one from a prison chaplain, one from your employer and one from yourself. She asked me for the full discount from sentence for your plea of guilty which I can assure you I will give.

11.I turn now to the sentence.  My approach is to aggregate the amount of drugs and base sentence on just over 6 grammes.  I note that you are in breach of suspended sentence.  Miss Ip did not address me on that point.  I have to tell you that I consider DATC to be totally inadequate for the seriousness of this offence.  On that basis, there is little point in taking such a report.

12.I accept from your initial arrest you were entirely co-operative with the police and give you credit for that.  I note that you have three previous convictions involving drugs, both on the same occasion, and that you are in breach of a suspended sentence. 

13.I intend to sentence you in the following way that on the first offence, you will be given a sentence; and on the second offence, a sentence which will reflect the total amount of drugs.  These will be concurrent.

14.On that basis, on Charge 1, I take as a starting point 3 years’ imprisonment reduced to 2.  You will go to prison for 2 years.  On Charge 2, I take as a starting point 5 years which is the correct amount, in my opinion, for just over 6 grammes.  You will go to prison for - 5 years discounted down to 40 months for your plea of guilty - go to prison for 40 months.  Those two sentences are, as I said, concurrent.

15.The suspended sentence for which you stand in breach would be imposed concurrently with each other, that is 3 times 6 months, but consecutively to the sentence of 40 months.  You will therefore go to prison for 46 months.