HKSAR v. Ku Ning Chun

DCCC 711/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 711 OF 2013

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Reasons for Sentence

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1.Defendant, you pleaded guilty to:

(1) one offence of possession of dangerous drugs, contrary to sections 8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap.134;

(2) one offence of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of that same ordinance; and to

(3) one offence of possession of offensive weapons, contrary to section 17 of the Summary Offences Ordinance, Cap.228.

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

3.The facts are as follows.

Charge 1

4.At 0254 hours on 18 May last, in the vicinity of 27 Wo Tai Street, Fanling, SPC 54421 (PW1) and other officers saw you acting suspiciously.  He intercepted you, searched you and found a plastic bag containing 0.19 grammes of methamphetamine hydrochloride in your right front jeans pocket.

5.Under caution, you admitted this was for self-consumption.

Charge 2

6.Four keys were also found on you and you were taken to your home at Room A, 4th Floor, 27 Wo Tai Street, Fanling, for a home search.

7.Inside a drawer of a wooden cabinet in your bedroom, the following items were found:

(1) 19 plastic bags containing 4.69 grammes of a solid containing 3.32 grammes of cocaine;

(2) electronic scales containing traces of cocaine;

(3) a plastic straw segment containing traces of methamphetamine;

(4) a cutter containing traces of cocaine; and

(5) a plastic box containing 49 plastic bags.

8.Under caution, you admitted the cocaine was to be sold.

9.You were further arrested for trafficking in dangerous drugs.

10.Under further caution, you asked for a chance.

Charge 3

11.Four knives (70 centimetres, 45 centimetres, 58 and 58 centimetres long; two of which were bandaged) and an extendable baton were found concealed above the ceiling tiles of your bedroom.  Two wooden rods (85 centimetres long), four balaclavas and a surgical mask, two pairs of gloves and four rolls of bandages were also found in your bedroom.

12.Under caution, you had nothing to say.

13.You admitted to six previous convictions on four different occasions - one was drug related and two related to possession of offensive weapons - though I do note these convictions are of some age, the last being some eight years ago.

14.On your behalf, Mr Hui entered mitigation.  That was limited because there was little that could really be said.

15.He told me that you accepted the contents of the antecedent statement. 

16.He told me you are 27 years of age and married to a lady in the Mainland.  In your family there are two sisters and your parents.  Your father is unfortunately suffering from heart problems. 

17.He told me you committed the present offences because you were unemployed and you wanted to get money to assist you with your father’s medical expenses.

18.Mr Hui read out a letter from you in which you expressed your remorse for these offences and a letter from your father who was unable to attend today because of ill health.  That was a supportive letter.

19.Mr Hui also pointed out that in court today offering their support are your mother, sister and uncle.

20.The main mitigation was your plea of guilty, which had been indicated from the outset, and Mr Hui also emphasised the age of your previous convictions.

21.I turn now to the sentence.

22.There is nothing, in my opinion, which is unusual about any of these offences.  They are straightforward offences calling for straightforward sentences:

(1) on the 1st charge, I take a starting point of 12 months’ imprisonment reduced to 8;

(2) on the 2nd charge, I take a starting point of 3 years’ imprisonment reduced to 2; and

(3) on the 3rd charge, 3 months’ imprisonment reduced to 2.

23.Applying the principle of totality, the sentences on Charges 1 and 2 will run concurrently, making a total of 2 years, but the sentence in respect of Charge 3 will be consecutive. 

24.That is a total of 2 years and 2 months.