HKSAR v. Cheung Chun Wai

DCCC971/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 971 OF 2011

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to one offence of possession of dangerous drugs and one offence of trafficking in dangerous drugs, contrary to sections 8(1)(a) and (2) and sections 4(1)(a) and (3) respectively of the Dangerous Drugs Ordinance, Cap.134.

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

3.The facts were as follows.

4.At 1822 hours on 7 July last, PC 2132 (PW1) stopped and searched you at the staircase outside Room 540, Block 3, Lei Muk Shue Estate, Tsuen Wan.

5.From the cigarette packet in your trousers pocket, he found:

1) Exhibit 1, which was two cigarettes containing

0.2 grammes of powder containing 0.17 grammes of cocaine;

2) Exhibit 2, one hand-rolled cigarette containing 0.19 grammes of cannabis, in herbal form.

6.PW1 arrested you for possession of dangerous drugs.

7.Under caution, you admitted P1 was cocaine and P2 cannabis, for your own consumption.

8.A house search of Room 540 revealed from a drawer in the desk in your bedroom:

1) P5, a plastic bag containing 9.05 grammes of solid containing 7.83 grammes of cocaine;

2) P6, a paper packet containing 0.98 grammes of herbal cannabis;

3) P7, a $50-banknote containing 0.25 grammes of powder containing 0.24 grammes of cocaine;

4) P8, 55 plastic bags;

5) P9, two electronic balances.

9.PW2 arrested you.

10.In the subsequent video recorded interview, you said the following:

(1) all dangerous drugs were for your own consumption;

(2) the two electronic balances were for weighing letters;

(3) you used them to check that the cocaine was
10 grammes;

(4) the plastic bags were to separate the cocaine;

(5) you took cocaine and cannabis about three times a week;

(6) the amount seized was about one month’s consumption.

11.The street value of the cocaine was about $9,822 and the cannabis about $194.20.

12.You possessed P5 to 7, inclusive, for trafficking.

13.You admitted to 15 previous convictions, five of which were drug-related.

14.On your behalf, Mr Wong entered mitigation.

15.The mitigation was brief, because in truth, there was little to be said.  He told me you are 34 years of age, you are employed and you live with your parents.  You live at the address shown in the brief facts.  You have just been released from jail on 7 June of this year.

16.Mr Wong stressed your plea of guilty and reminded me that the tariff for this amount of cocaine was 2 to 5 years; also, that partially, the drugs were for your own consumption, though not all.

17.He further stressed your plea of guilty and asked me to consider a starting point of about 48 months.

18.I turn now to the sentences.

19.The only real mitigation here is your plea of guilty.

20.I note your poor criminal record, involving as it is five previous for drugs.

21.I am prepared to accept that part of the drugs would have been for self-consumption and I also apply the principle of totality.

22.On the 1st charge of possession of dangerous drugs, I take a starting point of 12 months, reduced to 8 months for your plea of guilty.

23.On the 2nd charge, a starting point of 48 months, reduced to 32 months for your plea of guilty.

24.Applying the principle of totality and also taking into account that partially these drugs were for your own consumption, these sentences will be served concurrently.

25.So for the avoidance of any doubt, you will go to prison for 32 months.