HKSAR v. See Ping Hon

DCCC 344/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 344 OF 2014

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REASONS FOR SENTENCE

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1.See Ping Hon you have pleaded guilty to one charge of trafficking in 23.48 grammes of a powder containing 17.72 grammes of ketamine and 8 tablets containing 0.07 gramme of diazepam and 0.87 gramme of cannabis resin (charge 1); one charge of possession of 0.22 grammes of a crystalline solid containing 0.22 grammes of methamphetamine hydrochloride (“ice”) (charge 2); and one charge of inhaling a dangerous drug, namely methamphetamine (charge 3), contrary to sections 4 & 8 of the Dangerous Drugs Ordinance, Chapter 134.

2.In summary at around 5:20 p.m. on the 21 July last year the police conducted a check at the Lucky Villa guesthouse in Portland Street, Mongkok.  You were found inside room 5 together with three other persons.  On a search of room 5 the police found the dangerous drugs particularised in the three charges together with an electronic scale, 64 empty re-sealable plastic bags and equipment for inhaling ice. 

3.Under caution you admitted having rented room 5 since May last year and that you consumed ice and gave ketamine to one of the other persons found in the room.  I am told the three other persons were all prosecuted for inhaling a dangerous drug.

4.In Secretary for Justice v Hii Siew Cheng[2008] 3 HKC 325 the Court of Appeal laid down guidelines for trafficking in ketamine.  Where the narcotic content is between 10 and 50 grammes sentence after trial falls within the range of 4-6 years imprisonment.

5.I am satisfied the proper starting point after trial for 17.72 grammes of ketamine is 4 years and 6 months imprisonment.  I am further satisfied the small quantity of diazepam and cannabis resin should not increase the starting point. 

6.In passing sentence I have carefully considered everything said on your behalf by Mr Yeung together with the written submission on sentence.

Own use

7.Mr Yeung informs the court that when you were 18 you first became addicted to drugs, including ketamine.  This is consistent with the criminal record which shows you were sent to the DATC three times between 1999 and 2001.  After serving DATC for the third time I am told you were able to stay off drugs until April of last year when you again started taking drugs.  In January this year you were sent to the DATC for two cases of possession of ice.  You are now serving that sentence and are due to be released sometime next month. I have had the opportunity of reading the DATC report prepared in January from which I note you mentioned taking ketamine in the year 2001.  

8.I have reservations that some of the ketamine was for your own use in particular considering that you told the police the ice was for your own consumption with no mention being made that some of the ketamine was also for your own consumption.  However taking into account your drug history I am prepared to accept that a small amount of the ketamine may have been for your own consumption.  In deciding how much weight should be attached to this fact I have considered the decision in HKSAR v. Wong Suet Hau [2002] 1 HKLRD 69, in particular paragraphs 33 and 34.

9.Taking into account the quantity of the ketamine; the packaging; the presence of an electronic scale and 64 empty re-sealable plastic bags; possession of drugs carries a sentence in any event; and the latent risk factor in particular considering others were inhaling drugs in the room, I am satisfied the starting point should be reduced by 3 months to 4 years and 3 months imprisonment.  Giving you full credit for your plea of guilty reduces the sentence to 2 years and 10 months imprisonment. 

Possession of ice and inhaling a dangerous drug

10.In HKSAR v Mok Cho Tik [2001] 1 HKC 261 the Court of Appeal said the starting point for possession of drugs which a bona fide user normally has in his possession should be in the range of 12 to 18 months but this does not seek to exclude magistrates from imposing lesser terms for very small quantities where the circumstances so warrant.

11.Had these charges stood alone you would have appeared in the magistracy.  Taking into account the small quantity of ice I am satisfied a starting point of 9 months imprisonment is appropriate.  Giving you full credit for your plea of guilty reduces the sentence to 6 months (see for example HKSAR v Wan Choi Fai HCMA 250/1998).

12.For inhaling ice I am satisfied a starting point of 9 months imprisonment is also appropriate (see for example R v Wong Chi Nuen HCMA 22/1997).  Giving you full credit for your plea of guilty reduces the sentence to 6 months imprisonment.

Totality

13.I am satisfied concurrent sentences are appropriate for possession of ice and inhaling ice.  The two charges are however separate and distinct from the trafficking charge which concerns ketamine.  Taking this into account I order 2 months to be made consecutive to the sentence for trafficking.  This makes a total sentence to be served by you of 3 years imprisonment, which I am satisfied properly reflects your criminality on the three charges.

14.You are convicted and sentenced as follows:

CHARGE 1 – 2 YEARS AND 10 MONTHS IMPRISONMENT;

CHARGE 2 – 6 MONTHS IMPRISONMENT; 2 MONTHS CONSECUTIVE AND 4 MONTHS CONCURRENT TO CHARGE 1; AND

CHARGE 3 – 6 MONTHS IMPRISONMENT CONCURRENT TO CHARGES 1 & 2.

TOTAL SENTENCE TO BE SERVED IS 3 YEARSIMPRISONMENT.