A A
DCCC445/2010
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 445 OF 2010
C C
----------------------
D D
HKSAR
E v. E
Wong Chi-ho Henry
F F
----------------------
G G
Before: H H Judge Tallentire
Date: 11 October 2010 at 10.39 am
H Present: Mr Richard Donald, Counsel on fiat, for HKSAR H
Mr Ng Kin-man, Ken, instructed by Messrs Yeung & Chan,
I
assigned by the Director of Legal Aid, for the I
Defendant
Offence: (1) Trafficking in a dangerous drug (販運危險藥物)
J (2) Assaulting a police officer in the due execution of J
his duty (襲擊在正當執行職務的警務人員)
K K
---------------------
L Reasons for Sentence L
---------------------
M M
1. Defendant, you pleaded guilty to one offence of
N trafficking in dangerous drugs, contrary to sections 4(1)(a) and N
(3) of the Dangerous Drugs Ordinance, Cap.134, and to one
O O
offence of assaulting a police officer, contrary to section 63
of the Police Force Ordinance, Cap.232.
P P
Q 2. You admitted the facts and I convicted you. Q
R 3. The facts briefly were as follows. R
S S
4. At around 4.10 am on 13 March of last, two police
officers spotted you in Cameron Road, Tsim Sha Tsui. They
T T
intercepted you and, upon searching your black shoulder bag,
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CRT31/11.10.2010/ML 1 DCCC445/2010/Sentence
V V
A found a transparent re-sealable bag containing 81 transparent, A
re-sealable plastic bags containing suspected dangerous drugs.
B B
5. PW2 arrested you for possession of dangerous drugs.
C C
When the officer tried to handcuff you, you suddenly put up a
struggle and resisted arrest. PW1 and PW2 then tried to subdue
D D
you, and in the course of this struggle, you all fell to the
E ground. E
F 6. Finally, you were arrested and handcuffed. The plastic F
bag containing the suspected dangerous drugs was seized.
G G
7. During a subsequent interview under caution, you
H H
admitted, inter alia, that:
I I
(a) you had purchased the packet of cocaine from
J Ar Ming for $6,000; J
K (b) the drugs were for self-consumption; and K
L L
(c) that you had assaulted PW1.
M M
8. PW1 was taken to Queen Elizabeth Hospital and treated.
N The injuries were as shown in the medical report. He was given N
3 days’ sick leave.
O O
9. Subsequent analysis showed the dangerous drugs to be
P P
22.69 grammes of solid containing 20.20 grammes of cocaine, with
a street value of $20,466; you trafficked in dangerous drugs.
Q Q
R 10. You admitted to four previous convictions on four R
occasions, two of which involved drugs.
S S
11. On our behalf, Mr Ng submitted that part of the drugs
T T
were for self-consumption. Therefore, I adjourned the case for a
DATC report to test your level of addiction.
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V V
A A
12. That report is before the court. I understand from
B Mr Ng that you agree with its contents, and I have taken those B
contents fully into account when arriving at the sentence.
C C
13. Whilst the report says that you are no longer addicted
D D
to dangerous drugs, due in large part to your 7-month
E incarceration, the report does confirm that you have been E
addicted and taken drugs since 2001.
F F
14. Taking this into account, the submissions of counsel,
G G
the facts of the case, and what you said to the police at the
time, I am prepared to accept that part of the drugs would have
H H
been for your own consumption.
I I
15. Having said that, it is impossible to know exactly how
J much would have been for self-consumption. Therefore, my J
approach is to take a slightly lesser starting point.
K K
16. In mitigation, Mr Ng reiterated that part of the drugs
L L
would have been for your own self-consumption. He stressed your
remorse and plea of guilty. He indicated that family were here
M M
to lend support to you today.
N N
17. He indicated that on a rough calculation, the normal
O starting point for this amount of cocaine would be about O
69 months’ imprisonment, and he asked me to reduce that starting
P P
point.
Q Q
18. I turn now to the sentence.
R R
19. As I have said, I am prepared to accept that part of
S the drugs were for self-consumption, and therefore I am prepared S
to take a slightly lower starting point.
T T
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V V
A 20. I do note that after your initial assault on the A
police officer, you were relatively cooperative with the police.
B I do note that you have been involved with drugs for some time. B
Indeed your criminal record is undistinguished. I note that the
C C
family are supporting you.
D D
21. In all the circumstances, as I indicated, I will take
E a slightly lower starting point. The starting point I take on E
the offence of drugs trafficking is one of 5 years’
F imprisonment, reduced to 40 months. F
G G
22. In respect of the assault on the police officer, no
assaulting police officers are acceptable. In my opinion, it is
H H
only in exceptional circumstances that a non-custodial sentence
I
is appropriate. I
J 23. However, this was at the lower end of the scale. J
Fortunately, the injuries to the officer were very slight. You
K are not a man with a history of violence. K
L L
24. Therefore, I take in this case a starting point of
21 days’ imprisonment, reduced to 14. You go to prison for
M M
14 days, which will be served consecutively to your existing
N sentence. N
O 25. Therefore, to make it entirely clear, the sentence you O
will serve will be one of 40 months and 14 days.
P P
Q Q
R Tallentire R
District Judge
S S
T T
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CRT31/11.10.2010/ML 4 DCCC445/2010/Sentence
V V
A A
DCCC445/2010
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 445 OF 2010
C C
----------------------
D D
HKSAR
E v. E
Wong Chi-ho Henry
F F
----------------------
G G
Before: H H Judge Tallentire
Date: 11 October 2010 at 10.39 am
H Present: Mr Richard Donald, Counsel on fiat, for HKSAR H
Mr Ng Kin-man, Ken, instructed by Messrs Yeung & Chan,
I
assigned by the Director of Legal Aid, for the I
Defendant
Offence: (1) Trafficking in a dangerous drug (販運危險藥物)
J (2) Assaulting a police officer in the due execution of J
his duty (襲擊在正當執行職務的警務人員)
K K
---------------------
L Reasons for Sentence L
---------------------
M M
1. Defendant, you pleaded guilty to one offence of
N trafficking in dangerous drugs, contrary to sections 4(1)(a) and N
(3) of the Dangerous Drugs Ordinance, Cap.134, and to one
O O
offence of assaulting a police officer, contrary to section 63
of the Police Force Ordinance, Cap.232.
P P
Q 2. You admitted the facts and I convicted you. Q
R 3. The facts briefly were as follows. R
S S
4. At around 4.10 am on 13 March of last, two police
officers spotted you in Cameron Road, Tsim Sha Tsui. They
T T
intercepted you and, upon searching your black shoulder bag,
U U
CRT31/11.10.2010/ML 1 DCCC445/2010/Sentence
V V
A found a transparent re-sealable bag containing 81 transparent, A
re-sealable plastic bags containing suspected dangerous drugs.
B B
5. PW2 arrested you for possession of dangerous drugs.
C C
When the officer tried to handcuff you, you suddenly put up a
struggle and resisted arrest. PW1 and PW2 then tried to subdue
D D
you, and in the course of this struggle, you all fell to the
E ground. E
F 6. Finally, you were arrested and handcuffed. The plastic F
bag containing the suspected dangerous drugs was seized.
G G
7. During a subsequent interview under caution, you
H H
admitted, inter alia, that:
I I
(a) you had purchased the packet of cocaine from
J Ar Ming for $6,000; J
K (b) the drugs were for self-consumption; and K
L L
(c) that you had assaulted PW1.
M M
8. PW1 was taken to Queen Elizabeth Hospital and treated.
N The injuries were as shown in the medical report. He was given N
3 days’ sick leave.
O O
9. Subsequent analysis showed the dangerous drugs to be
P P
22.69 grammes of solid containing 20.20 grammes of cocaine, with
a street value of $20,466; you trafficked in dangerous drugs.
Q Q
R 10. You admitted to four previous convictions on four R
occasions, two of which involved drugs.
S S
11. On our behalf, Mr Ng submitted that part of the drugs
T T
were for self-consumption. Therefore, I adjourned the case for a
DATC report to test your level of addiction.
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CRT31/11.10.2010/ML 2 DCCC445/2010/Sentence
V V
A A
12. That report is before the court. I understand from
B Mr Ng that you agree with its contents, and I have taken those B
contents fully into account when arriving at the sentence.
C C
13. Whilst the report says that you are no longer addicted
D D
to dangerous drugs, due in large part to your 7-month
E incarceration, the report does confirm that you have been E
addicted and taken drugs since 2001.
F F
14. Taking this into account, the submissions of counsel,
G G
the facts of the case, and what you said to the police at the
time, I am prepared to accept that part of the drugs would have
H H
been for your own consumption.
I I
15. Having said that, it is impossible to know exactly how
J much would have been for self-consumption. Therefore, my J
approach is to take a slightly lesser starting point.
K K
16. In mitigation, Mr Ng reiterated that part of the drugs
L L
would have been for your own self-consumption. He stressed your
remorse and plea of guilty. He indicated that family were here
M M
to lend support to you today.
N N
17. He indicated that on a rough calculation, the normal
O starting point for this amount of cocaine would be about O
69 months’ imprisonment, and he asked me to reduce that starting
P P
point.
Q Q
18. I turn now to the sentence.
R R
19. As I have said, I am prepared to accept that part of
S the drugs were for self-consumption, and therefore I am prepared S
to take a slightly lower starting point.
T T
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CRT31/11.10.2010/ML 3 DCCC445/2010/Sentence
V V
A 20. I do note that after your initial assault on the A
police officer, you were relatively cooperative with the police.
B I do note that you have been involved with drugs for some time. B
Indeed your criminal record is undistinguished. I note that the
C C
family are supporting you.
D D
21. In all the circumstances, as I indicated, I will take
E a slightly lower starting point. The starting point I take on E
the offence of drugs trafficking is one of 5 years’
F imprisonment, reduced to 40 months. F
G G
22. In respect of the assault on the police officer, no
assaulting police officers are acceptable. In my opinion, it is
H H
only in exceptional circumstances that a non-custodial sentence
I
is appropriate. I
J 23. However, this was at the lower end of the scale. J
Fortunately, the injuries to the officer were very slight. You
K are not a man with a history of violence. K
L L
24. Therefore, I take in this case a starting point of
21 days’ imprisonment, reduced to 14. You go to prison for
M M
14 days, which will be served consecutively to your existing
N sentence. N
O 25. Therefore, to make it entirely clear, the sentence you O
will serve will be one of 40 months and 14 days.
P P
Q Q
R Tallentire R
District Judge
S S
T T
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CRT31/11.10.2010/ML 4 DCCC445/2010/Sentence
V V