HKSAR v. Wu Yau Ming

DCCC857/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 857 OF 2011

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to one offence of trafficking in dangerous drugs, and one offence of possession of dangerous drugs respectively contrary to sections 4(1)(a) and (3) and sections 8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap.134. Additionally, you also pleaded guilty to one offence of possession of arms without a licence contrary to sections 13(1) and (2) of the Firearms and Ammunitions Ordinance, Cap.238.

2.You admitted the brief facts and I convicted you.

3.Briefly what happened is this.  At 8 pm on 29 May of this year police sergeant 48911, PW1, with another officer, found you in a toilet on the 2nd Floor of Sun Chi Shing, 65 Argyle Street.  You had traces of white powder on your nostrils so you were stopped for inquiry.  A search revealed two plastic bags containing white powder in your shoulder bag, also a $100 note with traces of white powder, electronic scales, a plastic straw also with traces of white powder and some resealable plastic bags. 

4.Also, in your briefcase was found two imitation firearms and a folding knife.  Arrested and cautioned you said, “Ah Sir, this is ketamine.  It is for my own consumption.  I use the electronic scales to weigh the drugs before consumption in order to prevent inhaling too much.  As for the guns, I do the modification for others.  I have never used them to commit any crime.”

5.At 1310 hours DPC54554 escorted you to your home to conduct a house search in To Kwa Wan where he found four air pistols and five air rifles.  He cautioned you and took a record of interview.  You said, “Ah Sir, the nine guns all belong to me.  Sometimes I would invite friends to play war games, therefore I have many air rifles.  I have made modifications on the 9 air rifles.  I would assist my friends and clients to modify air guns so the bullet can shoot for a longer distance and it would be more fun during competition.”

6.In a video recorded interview under caution on 29 May you said the following: 

(a) Playing with airguns was your hobby and you had some knowledge of repairing them. You used to play war games in the countryside and therefore possessed many guns. You shared your hobby with friends who asked you to make modifications and you could earn about $1000 a time.

(b) On 29 May you met Ah Sing in an amusement centre in Tsim Sha Tsui from whom you had purchased one ounce of ketamine for $1,400. You would consume some yourself and sell the rest in amusement game centres in Yau Ma Tei and Tsim Sha Tsui.

(c) Before arrest you brought two air pistols to a friend’s home in Mongkok for modification and repair.

(d) On the way home you went into a toilet in Sun Chi Shing, put some ketamine in a bank note and sniffed it with the straw. You were then intercepted.

(e) All nine air rifles found belonged to you. After installing sights and enhancing the power of the batteries you would sell them to friends.

(f) The folding knife was used to cut packaging of air gun components, not for anything illegal.

7.Photographs were taken at your residence and these would support the fact that a great deal of war equipment and tools for gun repair and modification were found.

8.Subsequent analysis showed the two plastic bags contained 30 grammes of powder containing 20.79 grammes of ketamine.  The $100 bank note folded into a packet contained 0.21 grammes of powder containing 0.16 grammes of ketamine.  The straw segment revealed traces of ketamine also.

9.Testing of the guns revealed only one could be shown to be a firearm with the capability of discharging 6 mm calibre plastic balls with muzzle energy over 2 joules, namely 2.3 joules.  That is Charge 3.

10.You admitted to four previous convictions on four occasions, two of which involved dangerous drugs.

11.On your behalf, Mr Wong entered mitigation.  He told me that you are 24 years of age, educated to Form 3, and you had worked as a waiter.  Your parents divorced about a year ago and the whereabouts of your father is unknown.  You reside with your mother and sister.  Your previous convictions occurred when you were young, the first being when you were 15. 

12.The main mitigation that he put forward was your plea of guilty and also your cooperation with the police on arrest.  Mr Wong said that you are addicted to dangerous drugs; you would consume two to three times a day and you would have used some of the dangerous drugs for your own consumption.

13.He told me that your mother was present in court and that family was supporting you in this time.  He then read out the three letters, one from yourself, one from your mother and one from your sister.  You begged for leniency and promised to behave in the future.  Both your sister and mother were supportive of your position and the consensus seems to be that you have become involved with dangerous drugs again because of your dubious peers.

14.I turn now to the sentence.  The 1st Charge involves trafficking in dangerous drugs in an amount of approximately 21 grammes of ketamine and so falls within the range of 4 to 6 years’ imprisonment.  I fully accept that you would have consumed some of the dangerous drugs yourself.  This is supported by the facts, especially as to what led to your arrest. 

15.The air gun itself was not the worst of its kind and I accept, although it was illegally possessed, there was no intention to use it to commit crimes.  What the police found at your home bears out the fact that you have a hobby which involves war gaming.

16.I accept that you enjoy the support of your family.  I also note that you are a young man and this is your first offence of trafficking in dangerous drugs, although you have previously been involved with dangerous drugs.  I also accept from the point of arrest you were fully cooperative with the police and give you credit for that.

17.Applying the principle of totality and also taking into account that some of the drugs were for you own consumption I will take the very lowest sentence in the tariff.  On Charge 1 I take a starting point of 4 years reduced to 32 months for your plea of guilty. 

18.On Charge 2 I take a starting point of 12 months reduced to 8 months for your plea of guilty.  This will be served concurrently. 

19.On Charge 3 I take as a starting point 12 months’ imprisonment reduced to 8 months and to give effect to the principle of totality, four months will be concurrent and 4 months consecutive.  Therefore, in total, you will go to prison for a period of 36 months.