A A
DCCC 279/2013
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO 279 OF 2013 C
D
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HKSAR
E E
v
F Chan Cheong-ming (D7) F
G ---------------------- G
Before: HH Judge Woodcock
H Date: 21 August 2013 at 10.56 am H
Present: Miss Anita Ma, Counsel on fiat, for HKSAR
Mr Freddy Woon, instructed by Francis Kong & Co, for
I the 7th defendant I
Offence: (1) Conspiracy to cheat at gambling (串謀在賭博時作弊)
J (2) Resisting a police officer in the execution of J
his duty (抗拒執行職責的警務人員)
(3) Possession of a dangerous drug (管有危險藥物)
K K
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L Reasons for Sentence L
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M M
1. The defendant has pleaded guilty to two charges. He
N has pleaded guilty to Charge 2, which is resisting a police N
officer in the execution of his duty, contrary to section 63 of
O O
the Police Force Ordinance, Cap.232. He has also pleaded guilty
to Charge 3, possession of a dangerous drug, contrary to section
P P
8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap.134.
Q Q
2. The facts are that on 28 September 2012, the police
R were involved in a sting operation and the 7th defendant was R
targeted as a suspect. On that day at about 11 am a police
S officer approached the 7th defendant on Canton Road with a view S
to intercept him.
T T
3. When this officer revealed his identity to the 7th
U U
defendant and declared an arrest for the offence of deception,
CRT25/21.8.2013/ML 1 DCCC 279/2013/Sentence
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A A
the 7th defendant, according to the facts, suddenly bumped
against his shoulder, intending to flee. There was a brief
B B
struggle between the defendant and this police officer, but with
C the assistance of other officers, the 7th defendant was subdued. C
D 4. After he was arrested, he was searched. In the handbag D
he was carrying, the police found dangerous drugs, “Ice”. There
E E
was 9.42 grammes of a crystalline solid containing 9.11 grammes
of pure “Ice”. This packet of “Ice” was concealed in a tissue
F F
packet. In the bag, the police also found a glass bottle, four
G rolls of tin foil, as well as some straws for smoking dangerous G
drugs.
H H
5. The best mitigation is the defendant’s plea of guilty.
I I
6. The defendant is a man who previously had a clear
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record. This is his first offence.
K K
7. On the last occasion I heard full mitigation and
L received letters of support from members of the defendant’s L
family and his employer.
M M
8. I then adjourned sentence to today for a Drug
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Addiction Treatment Centre report.
O O
9. I have the report before me. I do not intend to repeat
P its contents. I have been told that they are accurate and agreed P
by the defendant.
Q Q
10. The medical officer is of the opinion that the
R R
defendant is not a drug addict and, therefore, not suitable for
admission to a Drug Addiction Treatment Centre.
S S
T 11. From the report and from mitigation on the last T
occasion, I was told the defendant in 2012 experienced marital
U problems and some financial problems. U
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A A
12. He also came into contact with what can only be
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described as “bad peers”. This led him to try “Ice” in August
C 2012. He said this was because he was under stress from all his C
problems. Thereafter, he took the drug intermittently.
D D
13. He was arrested for this offence not long after.
E E
14. The defendant has been on bail since his arrest and
F F
told the medical officer that whilst on bail he stayed away from
G drugs. This would be supported by the medical officer’s opinion G
that he is presently not a drug addict.
H H
15. The defendant’s family’s letters of mitigation portray
I I
him as a responsible husband, father and son. He has three
children who are all students, ranging from the ages of 12 to
J J
15. Both his parents live in Hong Kong and are not of good
K
health. I have seen some medical reports submitted on their K
behalf.
L L
16. As much as can be said has been said in mitigation.
M M
17. With this quantity of what is a seriously dangerous
N N
drug, in my view, a term of imprisonment is appropriate.
O O
18. Defence counsel today has asked the court to consider
P a suspended sentence or a community service order. P
Q 19. With this quantity of this particular drug, I do not Q
find these options appropriate.
R R
20. Of course, what is very relevant when considering a
S S
starting point for a term of imprisonment is the fact the
T defendant had a clear record and his plea and the fact he is T
drug-free now.
U U
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21. At the same time, I found the latent risk a factor
here and I looked at two authorities in particular: HKSAR v Wan
B B
Sheung Shum [2000] 1 HKLRD 405 and HKSAR v Mok Cho Tik [2001] 1
C HKC 261. C
D 22. This defendant had this quantity of “Ice” on the D
street on his person. In addition, he had paraphernalia on his
E E
person to take the dangerous drugs and also it would be possible
for others to take the dangerous drugs.
F F
G 23. Mr Woon has addressed me on the latent risk. G
H 24. I find there to be a risk of dissemination of “Ice”, H
but there is no evidence that the risk was of any real gravity.
I I
25. Where Charge 3 is concerned, because of the positive
J J
factors such as those I have mentioned - his clear record and
K
plea - when considered in conjunction with the facts of the K
case, the quantity of the “Ice” and the seriousness of this
L particular drug - Defendant, please stand up - for Charge 3, I L
find a starting point of 12 months appropriate.
M M
26. I enhance this by 3 months to reflect the latent risk
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of dissemination of “Ice”.
O O
27. That would make a starting point of 15 months.
P P
28. The defendant has pleaded guilty. He is entitled to a
Q discount of one-third for his plea. Q
R R
29. For Charge 3, the defendant is sentenced to 10 months’
imprisonment.
S S
T 30. For Charge 2, the facts are not the most serious facts T
for an offence of this nature and I impose a 2-week term of
U imprisonment, to be served concurrently with Charge 3. U
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A A
31. That is a total of 10 months’ imprisonment.
B B
C COURT: Do you understand that sentence? C
DEFENDANT: Understand.
D D
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F F
G G
H H
I A. J. Woodcock I
District Judge
J J
K K
L L
M M
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P P
Q Q
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T T
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