HKSAR v. Tsang Poo

DCCC178/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 178 OF 2011

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Reasons for Sentence

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1.You have pleaded guilty, defendant, to a single charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134, Laws of Hong Kong, the particulars being, that you on 25 December last year, Christmas Day, outside Flat E, 8th floor, Lucky Building, Castle Peak Road in Tuen Mun, unlawfully trafficked in 4.36 grammes of methamphetamine and 0.05 grammes of N,N-dimethylamphetamine.

2.The Summary of Facts, which you have admitted, are quite straightforward, and establish that on the date in question you were stopped and searched outside your flat, when the drugs in question were found inside your handbag together with some electronic scales and a number of empty re-sealable plastic bags.

3.You told the police that the drugs belonged to your friend who passed them to you for sale and he would pay you after all the drugs had been sold.  

4.You are, I am told, 40 years of age, divorced with three young daughters, two of whom of course are in court today, the youngest of whom is now only 12 years of age.  I have been told and accept that they are giving you their full support and frequently visit you. 

5.You have one previous conviction in 2005 for possession of dangerous drugs when you were placed on probation for a period of 12 months.

6.The only real mitigation that has been put before me in this case is your plea of guilty, which is a demonstration of your remorse and I will give you due credit for that. 

7.Your counsel is right, for trafficking in up to 10 grammes of “Ice” the sentencing range is between 3 to 7 years’ imprisonment.

8.In this case, the court is dealing with just less than 4.5 grammes of narcotic. 

9.I take as my starting point a sentence of 4½ years’ imprisonment.  I will reduce that by one-third to reflect your plea of guilty, coming to 3 years’ imprisonment.