HKSAR v. Wong Ting Chun

DCCC717/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 717 OF 2011

----------------------

---------------------

Reasons for Sentence

---------------------

1.Defendant, you were convicted upon your guilty plea of one charge of possession of dangerous drugs.

2.In sentencing, I take into account the whole circumstances of the case including its nature and facts, in particular the nature and quantity of the dangerous drugs concerned, your background, DATC Report and mitigation put forward on your behalf.

3.The facts of the case are straightforward and may be summarised as follows.

4.You were stopped by a police officer at the lift lobby on the 33rd floor of a public housing building.  Inside a pocket of your pants a transparent plastic bag containing cannabis buds and one piece of tissue paper containing one transparent plastic bag containing a few packets of the dangerous drug commonly known as “Ice” were found.

5.You were arrested for the offence of trafficking in dangerous drugs.  Under caution you claimed that the dangerous drugs were for your own consumption only.

6.The dangerous drugs in your possession were 1.83 grammes of cannabis in herbal form and 5.45 grammes of a crystalline solid containing 5.30 grammes of methamphetamine hydrochloride. The estimated retail value of the former was about $180 and the latter about $3,400.

7.I was told that you are 23 years of age; you were living with your family.  You have received Elementary Secondary education and had worked only on a casual basis. 

8.You were not a first-time offender.  On previous occasions you had been convicted.  The offences you had committed were mostly theft and robbery.  For those convictions, you had been put on probation and sent to DC and TC for training.  However, all these efforts to help you to reform seem to have borne no result.  After your training in TC you started to consume dangerous drugs. 

9.I learned from the report that you claim to have started to abuse “Ice” in 2006.  You had never received treatment in DATC. This is the first time you were convicted of a drug-related offence.

10.The court was provided with a letter written by you in which you express remorse and desire to turn over a new leaf. 

11.The court was also provided with a letter from the social worker who had been providing service to you.  He still see a chance of your successful rehabilitation. 

12.In sentencing, to help you to get rid of drug addiction is an important concern. 

13.According to the report, based on medical examination, clinical observation and the facts available, the medical officer is of the opinion that you are not a drug-dependent.  I have no reason not to accept this opinion.

14.In the circumstances, it is not appropriate to send you to DATC for treatment.  In all the circumstances, I am of the view that an immediate imprisonment term is the only appropriate sentence to impose.

15.In deciding the starting point, I take into account the following matters.

16.You have in your possession two types of dangerous drugs but the quantity of cannabis was insignificant.  You have in your possession more than 5 grammes of “Ice”.  In my judgment, the latent risk was not unsubstantial.

17.Having considered cases such as HKSAR v Minnie [2011] 4 HKC 136 and HKSAR v Jarhia Kuldeep Singh, CACC96/2006, as well as the cases cited therein, I am of the view that a starting point of 21 months is appropriate.  This includes 9 months to reflect the latent risk.

18.You pleaded guilty and are therefore entitled to a one-third discount.  Having considered the whole circumstances and everything said on your behalf, in my judgment, this is the extent of discount you are entitled to.

19.I therefore sentence you to 14 months’ imprisonment.