HKSAR v. Li Mung Sze and Another

HCCC 148/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 148 OF 2013

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Transcript of the Audio Recording of

the Sentence of A2 in the above Case

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COURT: The 2nd defendant pleaded guilty to the 2nd and 3rd Count of the amended indictment. The 2nd count is trafficking in 44.54 grammes of cocaine and the 3rd Count is possession of 0.41 grammes of ketamine and 1.97 grammes of “ice”.

On 7 November 2012 at about 11 pm, a team of police officers searched Room 2, Flat I, Hankow Apartments at 43-49A Hankow Road. The police found the following items:

(a) 20 plastic bags, each containing a brown paper page, each containing five smaller plastic bags of cocaine, the subject matter of Count 2;

(b) Four resealable bags containing cocaine, also the subject matter of Count 2;

(c) A $100 banknote with two resealable plastic bags of ketamine, the subject matter of Count 3;

(d) A plastic bag containing a straw and some “ice”, the subject matter of Count 3;

(e) An electronic scale, sealing machine and a pile of empty plastic bags and brown paper bags.

The 2nd defendant admitted under caution that he cohabited with D1 at the premises; he obtained the dangerous drugs from “Ah Man”; he distributed the dangerous drugs when customers came to the flat; the ketamine and the “ice” were for his own consumption.

The 2nd defendant is 24 years old. He has four previous convictions. He was sentenced to 17 months’ imprisonment for burglary in 2009. He was last discharged on 26 January 2010 from Pik Uk. At the time of the offence he was a manager of a trading company, earning about 13,000 per month. He received education up to Form 1. He was an addict at the time of the offence.

Mr Arthur points out that the 2nd defendant had given a statement and offered to give evidence against D1. However, the prosecution had decided not to call him. In this respect, I would give additional reduction.

Mr Arthur also informed this court that a portion of the dangerous drug in Count 2 was for the 2nd defendant’s own consumption, but could not specify the amount.

For the 2nd Count, according to HKSAR v Lau Tak Ming ([1990] 2 HKLR 370), for trafficking in 44.54 grammes of cocaine, the starting point should be 7 years and 7 months’ imprisonment.

I accept there could be a portion of the dangerous drug in this count for the 2nd defendant’s own consumption. I reduce the starting point by 10 per cent to reflect this self-consumption claim. The adjusted starting point should be 6 years and 10 months’ imprisonment. I have considered authorities CACC 135/2011 and CACC 294/2009 in this regard.

For the assistance to the prosecution and the plea, I give a total reduction of about 40 per cent. I therefore deduct 2 years and 9 months from the adjusted starting point.

I sentence the defendant to 4 years and 1 month imprisonment for the 2nd Count.

As to the 3rd Count, take a starting point of 12 months’ imprisonment. I deduct 4 months for his plea and sentence him to 8 months’ imprisonment. This is a separate and distinct offence. Part of the sentence should run consecutive to the 2nd Count in consideration of totality principle. Having considered totality, I order 3 months of the sentence of the 3rd Count be consecutive to that of the 2nd Count.

The defendant has to serve a total of 4 years and 4 months’ imprisonment.