HKSAR v. Tong Pun Tai, Terrence

DCCC 1113/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1113 OF 2012

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Reasons for Sentence

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1.The defendant has pleaded guilty to a charge of possession of 4.42 grammes of cocaine.

2.The Amended Summary of Facts which the defendant has admitted states that at approximately 1.49 am on 7 October 2012, police officers were on duty when they observed the defendant with a resealable transparent plastic bag in his hand walking along Fa Yuen Street, Mong Kok. The defendant became aware of the presence of uniformed officers near him and he suddenly threw the plastic bag to the ground.  The officers intercepted the defendant and retrieved the resealable transparent plastic bag which was found to contain 27 transparent plastic bags containing the drugs, the subject of the charge.   

3.When arrested and cautioned, the defendant said they were for his own consumption.  When he was arrested, the defendant had just over $2,200 in his possession.

4.And the estimated street value of the drugs is just over $5,600.

5.The defendant is currently serving a sentence of 6 months’ imprisonment, and I understand that that was imposed on 18 January and his earliest release date is in March this year.

6.On a previous occasion I adjourned this case so that I could have the advantage of a drug addiction treatment centre report.  That report indicates that the defendant is not drug dependent, therefore, it does not recommend that he be detained in a drug addiction treatment centre.  

7.The defendant is 22 years of age.  He has the support of his family who have turned up in court not only today but on the previous occasion he appeared before the court. 

8.The report indicates that the defendant was locally born and came from a working class family.  Because of the lack of interest in studies, he ceased education after completing Form 3.  He moved away from home in mid 2012 and matters seemed to go downhill from there.  He has maintained a stable work habit but he became involved with peers who were drug takers.  In July 2012 he was tempted to take cocaine and took the drugs thereafter occasionally.

9.He started a relationship in September 2012, but that did not stop him taking drugs.  And on 18 January, as I mentioned previously, he was sentenced to 6 months’ imprisonment for an offence of fraud. 

10.The usual sentence for this type of offence is a starting point of between 12 and 18 months’ imprisonment.  This offence was committed prior to his conviction of the fraud charge, and I have considered the question of totality of sentence. 

11.Having looked at all the circumstances, what I have decided to do is take a starting point at the lower end of the sentencing range, namely 12 months’ imprisonment, and I reduce that by one-third to reflect his guilty plea, the sentence therefore will be one of 8 months’ imprisonment.  And what I order is that sentence run concurrently with his existing sentence, so it will start today.