HKSAR v. Ng Tak Ho

DCCC944/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 944 OF 2011

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a charge of trafficking in a dangerous drug, namely 3.17 grammes of a crystalline solid containing 3.02 grammes of methamphetamine hydrochloride, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134, Laws of Hong Kong.

2.The brief facts, which you have agreed, are extremely straightforward and show that on 4 July of this year you were stopped and searched by police in the vicinity of the 7-Eleven at Tsui Chuk Garden Shopping Centre in Wong Tai Sin, when two plastic bags containing the “Ice” were found from the left pocket of your shorts. 

3.You told the police that you intended to sell it to others and, indeed, in a subsequent interview under caution you told the police that you had bought the “Ice” for $1,500 and were going to sell it to others to earn some money.

4.You are 20 years of age and have eight previous convictions, two of which are drug-related.  Indeed, I note that your last conviction was also for trafficking in dangerous drugs in April of 2010, when you were sentenced to 2 years’ imprisonment.  You were released in March of this year and within four months you were caught trafficking again.

5.Very little has been put before me by way of mitigation, save your relative youth and plea of guilty.  I do give you credit for your plea of guilty which will be reflected in my sentence.

6.Also, I am told by your counsel that up to 30 per cent of the “Ice” that was found on you was for your own consumption.  I say immediately that I do not accept this.  This is quite inconsistent with what you told the police immediately upon your arrest and subsequent interview.

7.The sentencing guidelines for trafficking in “Ice” can be found in AG v Ching Kwok Hung [1991] 2 HKLR 125, and for trafficking in up to 10 grammes the sentencing range is 3 to 7 years’ imprisonment.

8.In this case this court is dealing with 3.02 grammes of “Ice” and accordingly I adopt a starting point of 3½ years’ imprisonment.  This will be reduced by one-third to take account of your plea of guilty, coming to 2 years and 4 months’ imprisonment.