COURT: D1 pleaded guilty to one charge of tenant permitting premises to be used for the unlawful storage of dangerous drugs and one charge of trafficking in a dangerous drug, while D2 pleaded guilty to one single charge of trafficking in a dangerous drug.
On the evening of the day in question, police raided the flat and found D1 and D2 with others inside. The "Ice" that is the subject matter of the 1st charge was found in plastic bags on a shelf in the bedroom and, next to that, was a metal box containing three bags of heroin, the subject matter of the 3rd charge.
D1 was in possession of a set of keys to the premises and a tenancy agreement in his name.
Upon analysis, the drugs were found to be 11.53 grammes of a crystalline solid containing 10.95 grammes of methamphetamine hydrochloride and 10.59 grammes of a mixture containing 6.13 grammes of heroin hydrochloride.
D1 said, under caution, that only the heroin belonged to him whilst D2 admitted that the "Ice" belonged to him. Both said that they had their own drugs for their own consumption.
The street value of the heroin at that time and the "Ice" was $9,300 and $8,200 respectively.
D1 is aged 54, divorced, with two sons who are now in their 20s and he had remarried in 2004. He has three previous convictions; only the last one in 2010 concerns possession of dangerous drugs for which he was sentenced to 8 months’ imprisonment.
Counsel had referred me to the Government Chemist Certificate showing that there were three separate parcels of drugs and it was submitted half of those drugs were for his own consumption whilst the rest was for trafficking. It was also submitted that D1’s knowledge of the presence of the drugs brought into the flat by D2 was only for some 15 minutes which was supported by what the 2nd defendant said under caution. Counsel for the 1st defendant urges me to take a lower starting point in relation to the two charges.
D2 is now aged 53, married, with four children. Counsel told me that, prior to the arrest, he ran a grocery store with a stable monthly income of around $15,000. He has two previous convictions back in the 1980s totally unrelated to drugs. He now admits all the drugs were for trafficking.
I shall first deal with D2. For trafficking in 10.95 grammes of "Ice", that falls within the 10 to 70 grammes, that is, the 7 to 10 years’ bracket. I adopt a starting point of 7 years’ imprisonment.
He is entitled to the full one-third discount for his plea and he is sentenced to 4 years and 8 months.
For D1, in relation to the 3rd charge, that is trafficking in 6.13 grammes of heroin, that falls within the up to 10 grammes, that is 2 to 5 years’ bracket. I adopt a starting point of 4 years’ imprisonment.
I accept that some part of the drugs were for his own consumption because the drugs were found in the flat, on various tenancy, and he has one previous conviction of possession of dangerous drugs. I knock off 6 months for that. From that, I give him one-third discount for his plea of guilty. He is sentenced to 2 years 4 months’ imprisonment.
I now deal with the rest of the charge against D1 in respect of the tenant permitting charge. According to the case of Lee Kwok Keung, CACC 595/1996, this offence is one which varies greatly in its gravity and every case turns on its own facts, but the extent of knowledge and involvement together with the amount of financial benefit are important considerations.
I have taken into account his relatively short duration of knowledge and there is no evidence of any financial benefit. I am of the view that 3½ years’ imprisonment is an appropriate sentence in the circumstances of the present case, after trial, and he is entitled to the full one-third discount for his guilty plea. He is sentenced to 2 years 4 months’ imprisonment for that charge.
I have considered the totality principle. I order 1 year and 2 months to run consecutively, so D1 goes to prison for 3½ years.