HKSAR v. Chan Chi Keung

DCCC 66/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 66 OF 2014

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Reasons for Sentence

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Charges

1.The Defendant pleads guilty to 7 charges as follows:

(1) Handling stolen goods (1^st Charge);

(2) Using a motor vehicle without third party insurance (2^nd Charge);

(3) Breach of condition of learner’s driving licence (3^rd Charge);

(4) Possession of a dangerous drug (4^th Charge);

(5) Possession of apparatus fit and intended for the inhalation of a dangerous drug (5^th Charge);

(6) Using markings on a vehicle with intent to deceive (6^th Charge);

(7) Failing to surrender to custody without reasonable cause (7^th Charge).

Facts

2.On 4 November 2013, the police noticed a black Honda private car bearing registration marks RB 1487 (“the Car”) parked on Portland Street, Mong Kok. There was no vehicle licence displayed on its front windscreen.  The ignition switch was damaged.  After checking with the console, the registration mark “RB 1487” was found to be registered by a Volkswagen private car in silver colour. The police stationed nearby to observe the Car. 

3.After 20 minutes, the Defendant put a carton box on board by opening its offside rear door.  The police intercepted him and made inquiries.  He stated that the Car belonged to him.  When arrested for taking conveyance without authority and cautioned, he admitted that he had bought the Car a week ago in Yuen Long.  The police found the following items in the car:

(1) A bag of suspected “Ice” (subsequently confirmed to be 11.67 grammes of a crystalline solid containing 11.44 grammes of methamphetamine hydrochloride);

(2) 2 bottles and a bottle cap inserted with two pieces of straw;

(3) 8 empty transparent resealable plastic bags;

(4) A digital scale;

(5) Two car plates numbered NF 8893.

4.The police arrested him for possession of a dangerous drug.  Under caution, he stated that he had bought the “Ice” at $1,500 for his own consumption (4^th Charge).  He also admitted that the bottles and straw were used for inhaling “Ice” (5^th Charge).  

5.In the subsequent video-recorded interview, he stated in relation to the Car as follows:

(1) He had gone to a garage in Yuen Long on 17 October 2013 to look for a second-hand car. He was served by a male “Ah Wai”. He told Ah Wai that he did not require a change of ownership of the car;

(2) Ah Wai took him to Tin Sum Tsuen and showed him the Car. The Car did not bear any registration plates or vehicle licence. Ah Wai told him that the Car was a stolen vehicle (1^st Charge);

(3) Ah Wai used a screwdriver to start the engine;

(4) He agreed to buy the Car at $7,000;

(5) Ah Wai then fixed the number plates RB 1487 onto the Car (6^th Charge);

(6) He also placed another pair of number plates NF 8893 in the Car;

(7) He only had a learner’s licence at that time (3^rd Charge) but he drove the Car and parked in Ping Shek Estate (2^nd Charge);

(8) He bought the Car to practice his driving skill. He later used the keys of his previous motorcycle to start the engine of the Car. He drove the Car for a few times.

6.He stated in relation to the “Ice” and the apparatus as follows:

(1) He had bought the “Ice” at $1,500 in Sham Shui Po at about 8 pm on 4 November 2013;

(2) The bottles were used for inhaling “Ice” whereas the digital scale was to weigh the dangerous drug so that he would not be cheated by the seller;

(3) The empty transparent resealable bags were to separate the drug into smaller portions for consumption.

7.The police discovered that the Car’s engine number and chassis number belonged to a private car by the registration mark NJ 2408.  Its owner had reported it lost on 1 October 2013.   Its third party insurance would not cover the Defendant as an unauthorized user. 

8.The registration mark “RB 1487” corresponded to a car whose owner had been using this number since September 2011.  He did not know the Defendant. 

9.The Defendant had only a learner’s driving licence valid between 19 March 2013 and 18 March 2014. 

10.The estimated street value of the “Ice” was $6,570. The Defendant had $1,471 with him at the time of arrest. 

11.The Defendant was charged with 1^st – 6^th Charges.  He was granted bail pending trial fixed for 12 March 2014 with 3 days reserved.  On 12 March 2014, he absconded and a warrant of arrest was issued against him. 

12.After 13 ½ months, he was arrested by the police on 28 April 2015.  Under caution, he said that he had failed to attend court for trial as he was afraid of going to jail. 

Mitigation

13.He is 21 years of age.  He ceased schooling after F. 4 at the age of 16.  He became a casual construction site worker like his father.  His mother works full time as a cleaner.  He has an elder sister working as a clerk.  She is in court today.    

14.He has 3 previous records, including a court case involving one charge for theft from vehicle and another charge for possessing a false licence disc of a motor cycle.  He was fined on each charge.  As shown on his traffic record, he had a learner’s licence for private car, light goods vehicle, motor cycle, and motor tricycle.  The licence has expired. 

15.His solicitor informs me that on 17 October 2013, the date of the 1^st – 3^rd offences, he was due to attend a driving test.  He did not turn up for fear of failing it as he had only 6 hours of driving practice with an instructor for the 7 months before that date. 

16.He began to consume “Ice” at the age of 17. 

Sentencing this Defendant

17.His handling by dishonest receiving (1^st Charge) had been aggravated by his use of a pair of false plates (6^th Charge) to mislead anyone tasked to track down the Car.  There is no evidence of how much the Car was worth but it did not seem to be too much as he had purchased it at only $7,000.  The Car was for his own use, not for resale to make a profit.  I take a starting point of 24 months for the 1^st Charge and 6 months for the 6^th Charge.  I give a one-third off for his guilty pleas.  There are no other mitigating factors.  The sentence is 16 months for the 1^st Charge and 4 months for the 6^th Charge.  The terms will be concurrent.   

18.His being a learner driving without an instructor was also in want of third party insurance cover.  That put other road-users at great risk.  I take a starting point of 6 months for the 2^nd Charge and 3 months for the 3^rd Charge.  I give a one-third off for his guilty pleas.  There are no other mitigating factors.  The sentence is 4 months for the 2^nd Charge and 2 months for the 3^rd Charge.  The terms will be concurrent.    

19.I take a starting point of 12 months for the possession of “Ice” in the 4^th Charge and 6 months for the apparatus in the 5^th Charge.  I give a one-third off for his guilty pleas. There are no other mitigating factors.  The sentence is 8 months for the 4^th Charge and 4 months for the 5^th Charge.  The terms will be concurrent.   

20.For his absconding from trial for 13 ½ months, I take a starting point of 6 months.  I give a one-third off for his guilty plea. There are no other mitigating factors.  The sentence is 4 months for this 7^th Charge. 

21.I make further adjustments under the totality principle.  The sentences shall be as follows:

(1) 1^st Charge, 16 months;

(2) 4^th Charge, 8 months, all consecutive to 1^st Charge;

(3) 7^th Charge, 4 months, all consecutive to 1^st and 4^th Charges;

(4) 2^nd, 3^rd, 5^th, 6^th Charges concurrent with all charges.

22.The overall sentence is 28 months.