HKSAR v. Ho Yiu Nam

DCCC859/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 859 OF 2010

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Reasons for Sentence

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1.Ho Yiu-nam, you have been convicted by me of possession of 17.93 grammes of a solid containing 15.72 grammes of cocaine. That conviction followed a trial on a charge of trafficking in the same drug.

2.You offered a plea of guilty to the charge of simple possession at the start of the trial when you were arraigned on the trafficking charge but that plea was not accepted by the prosecution. 

3.The circumstances of the offence are as follows.  Shortly before 8 pm on 21 May last year, you and another male were sitting inside a kiosk in a playground near Nam Pin Wai.  You and your companion noticed the presence of police officers on patrol.  You had the drugs which are the subject of the charge in your possession.  On seeing the police you threw the drugs on to the ground. 

4.You were interviewed the following evening when you told the police that you had bought the drugs from a man in a bar for your own consumption. 

5.You are 18 at the moment.  Despite your age this is not your first drug related conviction.  You have twice previously been convicted of possession of dangerous drugs and, on one occasion, you were convicted of trafficking in dangerous drugs.  You have already been sentenced to the Drug Addiction Treatment Centre and served a term of imprisonment.  You clearly did not avail yourself of the opportunity provided to you by the sentence of detention in a Drug Addiction Treatment Centre nor of the supervision that followed your release from prison.  Within a very short period of time of your release on both occasions you reverted to your connection with drugs.

6.As you were aware, the quantity of drugs in this case would have provided for much more than your immediate needs.  If the drugs had been sold in smaller quantities they would have had a retail value of over $17,000. 

7.I was obliged by the law to seek a report as to your suitability for further detention in a Drug Addiction Treatment Centre.  I have received a very helpful and detailed report from Mr Chan Fei-pang of the Rehabilitation Unit at Pik Uk Correctional Institution. 

8.Despite your poor record I would have not have ruled out the possibility of a further order for detention in a Drug Addiction Treatment Centre if you had exhibited a genuine intention to rid yourself of your drug habit and cease association with those involved with drugs and other illegal activities.  Having read Mr Chan’s report, I am not satisfied that you do have that intention.  This court is, therefore, left with no alternative but to sentence you to a term of imprisonment.

9.I am satisfied that in the circumstances of this case that the initial starting point should be 18 months’ imprisonment.  That is just the initial starting point.  The fact that you were in possession of drugs of a much greater quantity than for your immediate needs, and had trafficked in drugs in the past, means that there was a very significant risk that you would be tempted to traffic in some, at least, of those drugs to others.  I am accordingly enhancing the initial starting point by a period of 12 months to reflect that feature.

10.The final starting point I adopt is one of 2½ years’ imprisonment.  You offered a plea of guilty to the offence of possession of these drugs at the start of your trial.  You are therefore entitled to the usual discount of one-third.  I am therefore sentencing you to 20 months’ imprisonment.

11.It will be for you to decide when you come out of prison whether you will make a fresh start in life.  I am aware that once you are addicted to drugs that may not be easy.  You will, however, by then have had a substantial period free of drugs and that will provide you with the opportunity to free yourself from involvement in drugs in the future.  I must strongly urge you to take that opportunity.  The alternative is to waste not only your health but also your youth.  Do not spend what would otherwise be among the best years of your life in and out of prison.