A A
DCCC 711/2013
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 711 OF 2013
C C
----------------------
D D
HKSAR
E v E
Ku Ning-chun
F F
----------------------
G G
Before: HH Judge Tallentire
Date: 9 September 2013 at 10.22 am
H Present: Ms Lisa Go, PP of the Department of Justice, for HKSAR H
Mr Hui Tin-fook, of David Hui & Co, assigned by the
I
Director of Legal Aid, for the defendant I
Offence: (1) Possession of a dangerous drug (管有危險藥物)
(2) Trafficking in a dangerous drug (販運危險藥物)
J (3) Possession of offensive weapons (管有攻擊性武器) J
K K
---------------------
L Reasons for Sentence L
---------------------
M M
1. Defendant, you pleaded guilty to:
N N
(1) one offence of possession of dangerous drugs,
O O
contrary to sections 8(1)(a) and (2) of the
Dangerous Drugs Ordinance, Cap.134;
P P
Q (2) one offence of trafficking in dangerous drugs, Q
contrary to section 4(1)(a) and (3) of that same
R ordinance; and to R
S S
(3) one offence of possession of offensive weapons,
contrary to section 17 of the Summary Offences
T T
Ordinance, Cap.228.
U U
CRT31/9.9.2013/ML 1 DCCC 711/2013/Sentence
V V
A 2. You admitted the brief facts and I convicted you. A
B 3. The facts are as follows. B
C C
Charge 1
D D
4. At 0254 hours on 18 May last, in the vicinity of 27 Wo
E Tai Street, Fanling, SPC 54421 (PW1) and other officers saw you E
acting suspiciously. He intercepted you, searched you and found
F a plastic bag containing 0.19 grammes of methamphetamine F
hydrochloride in your right front jeans pocket.
G G
5. Under caution, you admitted this was for self-
H H
consumption.
I I
Charge 2
J J
6. Four keys were also found on you and you were taken to
K your home at Room A, 4th Floor, 27 Wo Tai Street, Fanling, for a K
home search.
L L
7. Inside a drawer of a wooden cabinet in your bedroom,
M M
the following items were found:
N N
(1) 19 plastic bags containing 4.69 grammes of a solid
O containing 3.32 grammes of cocaine; O
P P
(2) electronic scales containing traces of cocaine;
Q Q
(3) a plastic straw segment containing traces of
R methamphetamine; R
S (4) a cutter containing traces of cocaine; and S
T T
(5) a plastic box containing 49 plastic bags.
U U
CRT31/9.9.2013/ML 2 DCCC 711/2013/Sentence
V V
A 8. Under caution, you admitted the cocaine was to be A
sold.
B B
9. You were further arrested for trafficking in dangerous
C C
drugs.
D D
10. Under further caution, you asked for a chance.
E E
Charge 3
F F
11. Four knives (70 centimetres, 45 centimetres, 58 and 58
G G
centimetres long; two of which were bandaged) and an extendable
baton were found concealed above the ceiling tiles of your
H H
bedroom. Two wooden rods (85 centimetres long), four balaclavas
I
and a surgical mask, two pairs of gloves and four rolls of I
bandages were also found in your bedroom.
J J
12. Under caution, you had nothing to say.
K K
13. You admitted to six previous convictions on four
L L
different occasions - one was drug related and two related to
possession of offensive weapons - though I do note these
M M
convictions are of some age, the last being some eight years
N ago. N
O 14. On your behalf, Mr Hui entered mitigation. That was O
limited because there was little that could really be said.
P P
15. He told me that you accepted the contents of the
Q Q
antecedent statement.
R R
16. He told me you are 27 years of age and married to a
S lady in the Mainland. In your family there are two sisters and S
your parents. Your father is unfortunately suffering from heart
T T
problems.
U U
CRT31/9.9.2013/ML 3 DCCC 711/2013/Sentence
V V
A 17. He told me you committed the present offences because A
you were unemployed and you wanted to get money to assist you
B with your father’s medical expenses. B
C C
18. Mr Hui read out a letter from you in which you
expressed your remorse for these offences and a letter from your
D D
father who was unable to attend today because of ill health.
E That was a supportive letter. E
F 19. Mr Hui also pointed out that in court today offering F
their support are your mother, sister and uncle.
G G
20. The main mitigation was your plea of guilty, which had
H H
been indicated from the outset, and Mr Hui also emphasised the
I
age of your previous convictions. I
J 21. I turn now to the sentence. J
K 22. There is nothing, in my opinion, which is unusual K
about any of these offences. They are straightforward offences
L L
calling for straightforward sentences:
M M
(1) on the 1st charge, I take a starting point of
N 12 months’ imprisonment reduced to 8; N
O (2) on the 2nd charge, I take a starting point of O
3 years’ imprisonment reduced to 2; and
P P
(3) on the 3rd charge, 3 months’ imprisonment reduced
Q Q
to 2.
R R
23. Applying the principle of totality, the sentences on
S Charges 1 and 2 will run concurrently, making a total of 2 S
years, but the sentence in respect of Charge 3 will be
T T
consecutive.
U U
CRT31/9.9.2013/ML 4 DCCC 711/2013/Sentence
V V
A 24. That is a total of 2 years and 2 months. A
B B
C C
D D
E E
Tallentire
District Judge
F F
G G
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT31/9.9.2013/ML 5 DCCC 711/2013/Sentence
V V