CRIMINAL CASE NO. 290 OF 2012
COURT: The defendant pleaded guilty to the 1st count of possession of 0.77 gramme of “Ice” and the 2nd count of trafficking in 12.56 grammes of “Ice”.
At about 5 pm on 6 February 2012, a team of police officers were performing anti-dangerous drug duty in the vicinity of Tai Lung House, No. 123 Quarry Bay Street.
At about 6.35 pm they saw several persons entering Flat E, 1st floor of Tai Lung House. They revealed their identities and followed them into the flat. They found the defendant inside the flat with four others.
A police officer searched the defendant and found one plastic bag of “Ice” from his left front trousers pocket, the subject matter of the 1st count.
Another police officer searched the flat. He used a key found from the defendant to open a bedroom on the right side of the flat. He found the following items on the floor inside this bedroom: a metal box containing two plastic bags of “Ice”, the subject matter of the 2nd count; a glass bottle with a straw containing traces of “Ice”; a plastic box containing an electronic scale, a piece of tinfoil, about 130 resealable plastic bags, a hammer, a pair of scissors and two plastic straws, diagonally cut at one end.
On the table in the sitting room were the following items: a box of tinfoil; a piece of tinfoil with traces of “Ice”; two glass bottles with straws containing 0.10 gramme of “Ice”; another plastic bottle with traces of “Ice”; a brown lighter; and a black electronic scale.
There was some “Ice” found on another bed, not related to the defendant.
The value of the “Ice” found on the defendant and in his room was about $10,000.
The defendant is 43. He was born in the Philippines and came to Hong Kong shortly afterwards. He is single and studied up to Form 4. He has four previous convictions. He was sent to Drug Addiction Treatment Centre in 1989, 1997 and year 2005. He was a freelance pianist and also a delivery worker. He earned about $7,000 to $10,000 per month.
He explained that the “Ice” in the room was purchased by him. He and four others pooled a sum of $5,500 to purchase the drug at a bigger discount. He would divide the drug among them proportional to individual contribution. He was not a commercial trafficker.
His sister produced the death certificate of the defendant’s mother. The latter passed away on 14 December this year. His sister requested this court to let the defendant pay his last tribute to his mother and a two-week bail to grieve with the family.
This is extraordinary and not within the power of this court. The defendant may seek permission from the Correctional Services Department directly.
For possession of 0.77 gramme of “Ice” I take a starting point of 12 months’ imprisonment. Given the circumstances of this case, the latent risk is high. I enhance the sentence by 6 months. I give 6 months’ discount for his plea. I sentence him to 12 months’ imprisonment.
I see no point to distinguish the role as claimed by the defendant. He was buying “Ice” and distributing it to others. That conduct was equally culpable.
For trafficking in 12.56 grammes of “Ice” the starting point should be 7 years and 2 months’ imprisonment according to Ching Kwok Hung. I deduct 2 years and 5 months for his plea. I sentence the defendant to 4 years and 9 months’ imprisonment.
In view of the totality, I order the terms of the two counts to run concurrently.
The defendant has to serve a total of 4 years and 9 months’ imprisonment.