區域法院（刑事）Deputy District Judge K Lo5/8/2024[2024] HKDC 1299
DCCC710/2023
A A
B B
DCCC 710/2023
C [2024] HKDC 1299 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 710 OF 2023
F F
G ------------------------------------- G
HKSAR
H H
v
I LI RONG (D1) I
-------------------------------------
J J
K Before: Deputy District Judge K Lo K
Date: 6 August 2024
L L
Present: Mr Fung Lap Tin, Leo, Public Prosecutor, for HKSAR
M Mr Hau Wai Chuen, Stewart, instructed by Chan & Tsu, M
assigned by the Director of Legal Aid, for the 1st defendant
N N
Offence: [1] Wilfully obstructing police officers in the due execution
O of their duties (故意阻撓在正當執行職務的警務人員) O
P
[2] Trafficking in dangerous drugs (販運危險藥物) P
[6] Possession of a dangerous drug (管有危險藥物)
Q Q
R ----------------------------------------- R
REASONS FOR SENTENCE
S S
-----------------------------------------
T T
U U
V V
-2-
A A
B B
1. D1 is convicted on her own plea and agreement to Amended
C Summary of Facts to a charge of wilfully obstructing police officers in the C
due execution of their duties, contrary to section 36(b) of the Offences
D D
against the Person Ordinance, Cap 212 (1st charge); a charge of trafficking
E in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous E
Drugs Ordinance, Cap 134 (2nd charge); and a charge of possession of a
F F
dangerous drug, contrary to section 8(1)(a) and (2) of the Dangerous Drugs
G Ordinance, Cap 134 (6th charge). G
H H
2. As for the 3rd, 4th and 5th charge, they are left on court file and
I not to be proceeded with without leave of the court. I
J J
Facts
K K
3. At around 1930 hours on 13 December 2022, police officers
L L
arrived outside Room 2601, M1 Hotel, No 28 Portland Street, Yau Ma Tei,
M Kowloon, Hong Kong (“the Room”). A staff of M1 hotel knocked on the M
door of the Room, revealed his identity and asked the door be opened, but
N N
no one answered. The staff then tried to open the door with the room card
O provided by M1 Hotel but was unsuccessful. O
P P
4. Police officers then stated that they were police officers and
Q that they had a search warrant. They kept knocking on the door and Q
requesting the door be opened. At this juncture, a person inside the Room
R R
said “won’t open”. The police officers issued a warning that they would
S break into the Room and would arrest those inside the Room for the S
offences of “wilfully obstructing police officers in the due execution of
T T
their duties”. However, those inside the Room failed to open the door.
U U
V V
-3-
A A
B B
C 5. Police officers later tried to prize open the door. While the C
police officers were doing so, a female inside the Room shouted “Get the
D D
knife! Get the knife! Don’t come in or I will stab you with a knife.” At
E around 1942 hours on the same day, the police officers eventually opened E
the door using a door ram.
F F
G 6. Upon entry, D1 was sitting on the bed. Female B and Male D G
were standing beside the bed, and Male C was in the toilet. Police officers
H H
let them know their police identities again. They also showed them a
I search warrant. I
J J
7. Body search was conducted on D1, during which 2 room cards
K were found on her as well as 4 mobile phones. Cash of HK$9,729.6 and K
¥1,960 Renminbi were found in the personal belongings placed next to D1.
L L
D1 then told police that she rented the Room for treating her friends
M (Female B, Male C and Male D) and she refused to open the door because M
she was afraid that someone would rob her of her dangerous drugs.
N N
O 8. Search was conducted in the Room and the following items O
were found:-
P P
Q (a) A glass bottle with two openings, containing 44 Q
millilitres of a liquid containing traces of cocaine.
R R
Government chemist confirmed that it could be used as
S an inhaling device. S
T T
U U
V V
-4-
A A
B B
(b) A glass bottle with two openings, containing 43
C millilitres of a liquid containing traces of C
methamphetamine. Government chemist confirmed
D D
that it could not be used as inhaling device.
E E
(c) A green box containing:-
F F
G (i) A plastic bag containing 0.26 gramme of a solid G
containing pseudoephedrine, which was
H H
included in Part 1 of the Poisons List;
I I
(ii) 7 plastic bags containing 3.9 grammes of a
J J
crystalline solid containing 3.81 grammes of
K methamphetamine hydrochloride (“ICE”); and K
L L
(iii) A plastic bag containing 0.85 gramme of solid
M containing 0.84 gramme of cocaine. M
N N
(d) A plastic bag containing multiple empty plastic bags.
O O
(e) A red box containing a plastic bag containing 1.22
P P
grammes of cannabis in herbal form as well as a plastic
Q bag containing 0.82 gramme of cannabis in herbal form Q
and traces of a solid containing cocaine.
R R
S (f) An electronic scale. S
T T
U U
V V
-5-
A A
B B
9. D1 then told police officers that the dangerous drugs belonged
C to her and she consumed the drugs inside the Room, and that she had C
provided the drugs to Female B, Male C and Male D inside the Room.
D D
E 10. D1 was later arrested on the same day for the offences of E
wilfully obstructing police officers in the due execution of their duties.
F F
Under caution, she said she did not know they were police officers but she
G did not have the courage to open the door as there were dangerous drugs G
inside the Room.
H H
I 11. D1 was further arrested for the offence of trafficking in I
dangerous drugs. Under caution, she said she bought the drugs from a
J J
person for self-consumption and treating her friends.
K K
12. In the video-recorded interview later conducted on D1, under
L L
caution, D1 stated, inter alia, that:-
M M
(a) She consumed the drugs inside the Room to relieve the
N N
pain, and she would sometimes consume the drugs
O together with her friends. O
P P
(b) When she was consuming ICE, Female B, Male C and
Q Male D wanted to take a few drags so she passed the Q
ICE to them for their consumption.
R R
S (c) She did not open the door because police officers were S
not wearing their uniform and she was assaulted and
T T
robbed by someone who gained access to the Room by
U U
V V
-6-
A A
B B
pretending to be police officer earlier on. Her friends
C asked her to call the police while they were propping C
against the door. She was unable to make the call as
D D
her hands were shaking.
E E
(d) The electronic scale found inside the Room was for
F F
weighing the ICE for her own consumption.
G G
(e) Regarding the 4 mobile phones found on her, 3 of them
H H
belonged to her and the other one belonged to her
I daughter. I
J J
13. Government chemist confirmed the narcotic contents of the
K drugs seized. The total estimated retail value of the drugs was around K
HK$3,167.11 in December 2022.
L L
M 14. D1 was the registered occupant of the Room at the material M
time.
N N
O Criminal Record O
P P
15. D1 has a clear record.
Q Q
Mitigation
R R
S 16. D1 is aged 50. She is single with one daughter and an elderly S
mother. The daughter was in university at the time of arrest.
T T
U U
V V
-7-
A A
B B
17. In relation to the 1st charge, defence counsel conceded that the
C 1st charge is a serious offence. He said that the same would normally call C
for immediate custodial sentence from several weeks to several months,
D D
and that there is no sentencing guideline for this offence. He said that there
E is no evidence to show that D1 was trying to destroy any incriminating E
evidence when police was trying to gain entry into the room. D1 also
F F
explained to police that she had the experience of being robbed in the room
G by someone pretending to be police officers in the past, and therefore she G
had doubt about the true identity of the police officers. It was said that a
H H
999 call was actually made and that police was not injured in the incident.
I Defence counsel submitted a starting point of 4 to 4.5 months appropriate I
in the circumstances.
J J
K 18. As for the 2nd charge, defence counsel submitted the notional K
sentencing starting point using the absurdity test, ratio test and conversion
L L
test. He submitted that the notional sentencing starting point by just taking
M into consideration of the ICE and the cocaine in question would be M
appropriate as the amount of cannabis in question is not substantial, and
N N
that the sentencing starting point would be around between 4.52 to 4.86
O years. O
P P
19. He also conceded that as three drugs were involved, there
Q would be an aggravating factor which would lead to enhancement of the Q
sentencing starting point.
R R
S 20. He urged this court that as D1 has pleaded guilty, she should S
be entitled to one-third sentencing discount. Further, as she was an abuser
T T
U U
V V
-8-
A A
B B
of drugs, the court should exercise some discretion and give her further
C sentencing discount in that regard. C
D D
21. It was also said that because D1 had a “suprasellar density”
E which affects her vision and causes headaches, it might account for a E
reason for her consumption of drugs.
F F
G 22. As for the 6th charge which is possession of dangerous drugs, G
the drugs in question is only 43 millilitres of liquid containing traces of
H H
methamphetamine. Defence counsel submitted that following the
I guidelines in the case of HKSAR v Mok Cho Tik [2001] 1 HKC 261 and I
taking into consideration the minimal amount of drugs involved, 12
J J
months’ starting point is appropriate.
K K
23. He further submitted that as D1 is at the same time facing a
L L
trafficking in dangerous drugs charge, the court should consider ordering
M the sentences for the two charges, ie the 2 nd charge and the 6th charge, to M
run totally concurrent to avoid possible unfairness where the defendant’s
N N
total sentence would exceed her sentence for trafficking all the drugs
O seized. O
P P
24. He handed to this court a letter from D1 as well as certain
Q medical records of D1 from Correctional Services Department. Q
R R
Discussion
S S
25. Before sentencing, the court has carefully considered all that
T T
was advanced on behalf of D1, including the mitigation letter as well as the
U U
V V
-9-
A A
B B
legal authorities cited.
C C
1st Charge
D D
E 26. Upon conviction of this charge on indictment, a person is E
liable to imprisonment for 2 years.
F F
G 27. A deterrent sentence is called for for this offence as police G
officers need to be protected when they are carrying out their duties, and it
H H
is the responsibility of every citizen here in Hong Kong to co-operate with
I them in their lawful request or demand1. I
J J
28. Having regard to the facts of the case, no police officers were
K injured as a result although threats of violence were uttered, no evidence K
of incriminating evidence being destroyed while obstructing the police
L L
officers, alleged previous experience of D1 with people impersonating as
M police officers, the appropriate sentencing starting point for this charge M
would be 6 months’ imprisonment.
N N
O 29. D1 has pleaded guilty and is entitled to full one-third O
sentencing discount. She is therefore sentenced to 4 months’ imprisonment
P P
for this charge.
Q Q
2nd Charge
R R
S 30. A person upon conviction on indictment is liable to a fine of S
$5 million and to imprisonment for life.
T T
1
See HKSAR v Cheung Wai Lung, HCMA 12/2007
U U
V V
- 10 -
A A
B B
C 31. Trafficking in dangerous drugs is a very serious offence. In C
usual circumstances, it is well established that personal background and
D D
circumstances is not a valid mitigating factor.
E E
32. In this case, the drugs involved is 3.81 grammes of ICE, 0.84
F F
gramme of cocaine, 2.04 grammes of cannabis in herbal form and traces of
G a solid containing cocaine. ICE is obviously the most potent drug in this G
charge and it also represents 81.9% in quantity (ignoring the 2.04 grammes
H H
of cannabis in herbal form as well as the traces of cocaine).
I I
33. Trafficking the ICE in question alone would attract a
J J
sentencing starting point of 54 months and 9 days’ imprisonment.
K K
34. Trafficking the cocaine in question alone would attract a
L L
sentencing starting point of 27 months’ imprisonment.
M M
35. Had the cocaine in question been ICE, the sentencing starting
N N
point would become 58 months and 9 days’ imprisonment.
O O
36. It would not be feasible to convert the sentence for trafficking
P P
0.84 gramme of cocaine to that of ICE. Also, it is absurd to use the total
Q sentence for the two drugs on individual approach to arrive at the Q
sentencing starting point.
R R
S 37. Having regard to the notional sentencing starting point for the S
two drugs in question using the various tests, it appears that ratio test would
T T
be the most appropriate. The same would be 55 months’ imprisonment.
U U
V V
- 11 -
A A
B B
C 38. For trafficking up to 2,000 grammes of cannabis in herbal C
form, the sentence would be up to 16 months’ imprisonment. Trafficking
D D
2 grammes of cannabis in herbal form or the traces of a solid containing
E cocaine would not significantly alter the sentencing starting point. E
F F
39. However, it is well established that if the accused trafficked
G in a variety of drugs, then it constitutes an aggravating feature in G
sentencing 2 . In this case, there are 3 types of drugs trafficked. The
H H
sentencing starting point for this charge is therefore enhanced by 3 months
I to 58 months’ imprisonment. I
J J
40. D1 has pleaded guilty and is entitled to full one-third
K sentencing discount. She is therefore sentenced to 38 months 20 days’ K
imprisonment.
L L
M 41. Whilst this court is willing to accept D1 is an abuser of drugs, M
this court is not ready to accept that a significant proportion of the drugs in
N N
question was for her own consumption. However, in view of the fact that
O D1 is an abuser of drugs and that it might well be, though not reasonably, O
accepted that she had it to relieve her headache, the court is willing to
P P
further discount her sentence by 1 month and 20 days.
Q Q
42. D1 is therefore sentenced to 37 months’ imprisonment for this
R R
charge.
S S
T T
2
See HKSAR v Yim Hung Lui, Ricky, CACC 266/2011
U U
V V
- 12 -
A A
B B
6th Charge
C C
43. On conviction upon indictment of this charge, a person is
D D
liable to a fine of $1 million and to imprisonment for 7 years, subject to
E section 54A of the Ordinance. E
F F
44. In this case, the quantity of drugs is only traces of
G methamphetamine. This court considers that a 3 months’ imprisonment G
appropriate as the sentencing starting point for this offence. She is
H H
therefore sentenced to 2 months’ imprisonment for this charge after plea.
I I
Totality
J J
K 45. The nature of the 1st charge offence is totally different from K
that of the dangerous-drug-related offences (2nd and 6th charge).
L L
M 46. Having regard to the overall culpability of D1 in this case, the M
court considers that a total sentence of 39 months’ imprisonment just and
N N
appropriate. Accordingly, sentence of the 2nd charge and the 6th charge is
O to run totally concurrent with each other. 2 months of the sentence for the O
1st charge is to run consecutive to the sentence of the 2nd and the 6th charge,
P P
the rest to run concurrently.
Q Q
47. D1 is sentenced to a total of 39 months’ imprisonment in this
R R
case.
S S
T ( K Lo ) T
Deputy District Judge
U U
V V
A A
B B
DCCC 710/2023
C [2024] HKDC 1299 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 710 OF 2023
F F
G ------------------------------------- G
HKSAR
H H
v
I LI RONG (D1) I
-------------------------------------
J J
K Before: Deputy District Judge K Lo K
Date: 6 August 2024
L L
Present: Mr Fung Lap Tin, Leo, Public Prosecutor, for HKSAR
M Mr Hau Wai Chuen, Stewart, instructed by Chan & Tsu, M
assigned by the Director of Legal Aid, for the 1st defendant
N N
Offence: [1] Wilfully obstructing police officers in the due execution
O of their duties (故意阻撓在正當執行職務的警務人員) O
P
[2] Trafficking in dangerous drugs (販運危險藥物) P
[6] Possession of a dangerous drug (管有危險藥物)
Q Q
R ----------------------------------------- R
REASONS FOR SENTENCE
S S
-----------------------------------------
T T
U U
V V
-2-
A A
B B
1. D1 is convicted on her own plea and agreement to Amended
C Summary of Facts to a charge of wilfully obstructing police officers in the C
due execution of their duties, contrary to section 36(b) of the Offences
D D
against the Person Ordinance, Cap 212 (1st charge); a charge of trafficking
E in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous E
Drugs Ordinance, Cap 134 (2nd charge); and a charge of possession of a
F F
dangerous drug, contrary to section 8(1)(a) and (2) of the Dangerous Drugs
G Ordinance, Cap 134 (6th charge). G
H H
2. As for the 3rd, 4th and 5th charge, they are left on court file and
I not to be proceeded with without leave of the court. I
J J
Facts
K K
3. At around 1930 hours on 13 December 2022, police officers
L L
arrived outside Room 2601, M1 Hotel, No 28 Portland Street, Yau Ma Tei,
M Kowloon, Hong Kong (“the Room”). A staff of M1 hotel knocked on the M
door of the Room, revealed his identity and asked the door be opened, but
N N
no one answered. The staff then tried to open the door with the room card
O provided by M1 Hotel but was unsuccessful. O
P P
4. Police officers then stated that they were police officers and
Q that they had a search warrant. They kept knocking on the door and Q
requesting the door be opened. At this juncture, a person inside the Room
R R
said “won’t open”. The police officers issued a warning that they would
S break into the Room and would arrest those inside the Room for the S
offences of “wilfully obstructing police officers in the due execution of
T T
their duties”. However, those inside the Room failed to open the door.
U U
V V
-3-
A A
B B
C 5. Police officers later tried to prize open the door. While the C
police officers were doing so, a female inside the Room shouted “Get the
D D
knife! Get the knife! Don’t come in or I will stab you with a knife.” At
E around 1942 hours on the same day, the police officers eventually opened E
the door using a door ram.
F F
G 6. Upon entry, D1 was sitting on the bed. Female B and Male D G
were standing beside the bed, and Male C was in the toilet. Police officers
H H
let them know their police identities again. They also showed them a
I search warrant. I
J J
7. Body search was conducted on D1, during which 2 room cards
K were found on her as well as 4 mobile phones. Cash of HK$9,729.6 and K
¥1,960 Renminbi were found in the personal belongings placed next to D1.
L L
D1 then told police that she rented the Room for treating her friends
M (Female B, Male C and Male D) and she refused to open the door because M
she was afraid that someone would rob her of her dangerous drugs.
N N
O 8. Search was conducted in the Room and the following items O
were found:-
P P
Q (a) A glass bottle with two openings, containing 44 Q
millilitres of a liquid containing traces of cocaine.
R R
Government chemist confirmed that it could be used as
S an inhaling device. S
T T
U U
V V
-4-
A A
B B
(b) A glass bottle with two openings, containing 43
C millilitres of a liquid containing traces of C
methamphetamine. Government chemist confirmed
D D
that it could not be used as inhaling device.
E E
(c) A green box containing:-
F F
G (i) A plastic bag containing 0.26 gramme of a solid G
containing pseudoephedrine, which was
H H
included in Part 1 of the Poisons List;
I I
(ii) 7 plastic bags containing 3.9 grammes of a
J J
crystalline solid containing 3.81 grammes of
K methamphetamine hydrochloride (“ICE”); and K
L L
(iii) A plastic bag containing 0.85 gramme of solid
M containing 0.84 gramme of cocaine. M
N N
(d) A plastic bag containing multiple empty plastic bags.
O O
(e) A red box containing a plastic bag containing 1.22
P P
grammes of cannabis in herbal form as well as a plastic
Q bag containing 0.82 gramme of cannabis in herbal form Q
and traces of a solid containing cocaine.
R R
S (f) An electronic scale. S
T T
U U
V V
-5-
A A
B B
9. D1 then told police officers that the dangerous drugs belonged
C to her and she consumed the drugs inside the Room, and that she had C
provided the drugs to Female B, Male C and Male D inside the Room.
D D
E 10. D1 was later arrested on the same day for the offences of E
wilfully obstructing police officers in the due execution of their duties.
F F
Under caution, she said she did not know they were police officers but she
G did not have the courage to open the door as there were dangerous drugs G
inside the Room.
H H
I 11. D1 was further arrested for the offence of trafficking in I
dangerous drugs. Under caution, she said she bought the drugs from a
J J
person for self-consumption and treating her friends.
K K
12. In the video-recorded interview later conducted on D1, under
L L
caution, D1 stated, inter alia, that:-
M M
(a) She consumed the drugs inside the Room to relieve the
N N
pain, and she would sometimes consume the drugs
O together with her friends. O
P P
(b) When she was consuming ICE, Female B, Male C and
Q Male D wanted to take a few drags so she passed the Q
ICE to them for their consumption.
R R
S (c) She did not open the door because police officers were S
not wearing their uniform and she was assaulted and
T T
robbed by someone who gained access to the Room by
U U
V V
-6-
A A
B B
pretending to be police officer earlier on. Her friends
C asked her to call the police while they were propping C
against the door. She was unable to make the call as
D D
her hands were shaking.
E E
(d) The electronic scale found inside the Room was for
F F
weighing the ICE for her own consumption.
G G
(e) Regarding the 4 mobile phones found on her, 3 of them
H H
belonged to her and the other one belonged to her
I daughter. I
J J
13. Government chemist confirmed the narcotic contents of the
K drugs seized. The total estimated retail value of the drugs was around K
HK$3,167.11 in December 2022.
L L
M 14. D1 was the registered occupant of the Room at the material M
time.
N N
O Criminal Record O
P P
15. D1 has a clear record.
Q Q
Mitigation
R R
S 16. D1 is aged 50. She is single with one daughter and an elderly S
mother. The daughter was in university at the time of arrest.
T T
U U
V V
-7-
A A
B B
17. In relation to the 1st charge, defence counsel conceded that the
C 1st charge is a serious offence. He said that the same would normally call C
for immediate custodial sentence from several weeks to several months,
D D
and that there is no sentencing guideline for this offence. He said that there
E is no evidence to show that D1 was trying to destroy any incriminating E
evidence when police was trying to gain entry into the room. D1 also
F F
explained to police that she had the experience of being robbed in the room
G by someone pretending to be police officers in the past, and therefore she G
had doubt about the true identity of the police officers. It was said that a
H H
999 call was actually made and that police was not injured in the incident.
I Defence counsel submitted a starting point of 4 to 4.5 months appropriate I
in the circumstances.
J J
K 18. As for the 2nd charge, defence counsel submitted the notional K
sentencing starting point using the absurdity test, ratio test and conversion
L L
test. He submitted that the notional sentencing starting point by just taking
M into consideration of the ICE and the cocaine in question would be M
appropriate as the amount of cannabis in question is not substantial, and
N N
that the sentencing starting point would be around between 4.52 to 4.86
O years. O
P P
19. He also conceded that as three drugs were involved, there
Q would be an aggravating factor which would lead to enhancement of the Q
sentencing starting point.
R R
S 20. He urged this court that as D1 has pleaded guilty, she should S
be entitled to one-third sentencing discount. Further, as she was an abuser
T T
U U
V V
-8-
A A
B B
of drugs, the court should exercise some discretion and give her further
C sentencing discount in that regard. C
D D
21. It was also said that because D1 had a “suprasellar density”
E which affects her vision and causes headaches, it might account for a E
reason for her consumption of drugs.
F F
G 22. As for the 6th charge which is possession of dangerous drugs, G
the drugs in question is only 43 millilitres of liquid containing traces of
H H
methamphetamine. Defence counsel submitted that following the
I guidelines in the case of HKSAR v Mok Cho Tik [2001] 1 HKC 261 and I
taking into consideration the minimal amount of drugs involved, 12
J J
months’ starting point is appropriate.
K K
23. He further submitted that as D1 is at the same time facing a
L L
trafficking in dangerous drugs charge, the court should consider ordering
M the sentences for the two charges, ie the 2 nd charge and the 6th charge, to M
run totally concurrent to avoid possible unfairness where the defendant’s
N N
total sentence would exceed her sentence for trafficking all the drugs
O seized. O
P P
24. He handed to this court a letter from D1 as well as certain
Q medical records of D1 from Correctional Services Department. Q
R R
Discussion
S S
25. Before sentencing, the court has carefully considered all that
T T
was advanced on behalf of D1, including the mitigation letter as well as the
U U
V V
-9-
A A
B B
legal authorities cited.
C C
1st Charge
D D
E 26. Upon conviction of this charge on indictment, a person is E
liable to imprisonment for 2 years.
F F
G 27. A deterrent sentence is called for for this offence as police G
officers need to be protected when they are carrying out their duties, and it
H H
is the responsibility of every citizen here in Hong Kong to co-operate with
I them in their lawful request or demand1. I
J J
28. Having regard to the facts of the case, no police officers were
K injured as a result although threats of violence were uttered, no evidence K
of incriminating evidence being destroyed while obstructing the police
L L
officers, alleged previous experience of D1 with people impersonating as
M police officers, the appropriate sentencing starting point for this charge M
would be 6 months’ imprisonment.
N N
O 29. D1 has pleaded guilty and is entitled to full one-third O
sentencing discount. She is therefore sentenced to 4 months’ imprisonment
P P
for this charge.
Q Q
2nd Charge
R R
S 30. A person upon conviction on indictment is liable to a fine of S
$5 million and to imprisonment for life.
T T
1
See HKSAR v Cheung Wai Lung, HCMA 12/2007
U U
V V
- 10 -
A A
B B
C 31. Trafficking in dangerous drugs is a very serious offence. In C
usual circumstances, it is well established that personal background and
D D
circumstances is not a valid mitigating factor.
E E
32. In this case, the drugs involved is 3.81 grammes of ICE, 0.84
F F
gramme of cocaine, 2.04 grammes of cannabis in herbal form and traces of
G a solid containing cocaine. ICE is obviously the most potent drug in this G
charge and it also represents 81.9% in quantity (ignoring the 2.04 grammes
H H
of cannabis in herbal form as well as the traces of cocaine).
I I
33. Trafficking the ICE in question alone would attract a
J J
sentencing starting point of 54 months and 9 days’ imprisonment.
K K
34. Trafficking the cocaine in question alone would attract a
L L
sentencing starting point of 27 months’ imprisonment.
M M
35. Had the cocaine in question been ICE, the sentencing starting
N N
point would become 58 months and 9 days’ imprisonment.
O O
36. It would not be feasible to convert the sentence for trafficking
P P
0.84 gramme of cocaine to that of ICE. Also, it is absurd to use the total
Q sentence for the two drugs on individual approach to arrive at the Q
sentencing starting point.
R R
S 37. Having regard to the notional sentencing starting point for the S
two drugs in question using the various tests, it appears that ratio test would
T T
be the most appropriate. The same would be 55 months’ imprisonment.
U U
V V
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A A
B B
C 38. For trafficking up to 2,000 grammes of cannabis in herbal C
form, the sentence would be up to 16 months’ imprisonment. Trafficking
D D
2 grammes of cannabis in herbal form or the traces of a solid containing
E cocaine would not significantly alter the sentencing starting point. E
F F
39. However, it is well established that if the accused trafficked
G in a variety of drugs, then it constitutes an aggravating feature in G
sentencing 2 . In this case, there are 3 types of drugs trafficked. The
H H
sentencing starting point for this charge is therefore enhanced by 3 months
I to 58 months’ imprisonment. I
J J
40. D1 has pleaded guilty and is entitled to full one-third
K sentencing discount. She is therefore sentenced to 38 months 20 days’ K
imprisonment.
L L
M 41. Whilst this court is willing to accept D1 is an abuser of drugs, M
this court is not ready to accept that a significant proportion of the drugs in
N N
question was for her own consumption. However, in view of the fact that
O D1 is an abuser of drugs and that it might well be, though not reasonably, O
accepted that she had it to relieve her headache, the court is willing to
P P
further discount her sentence by 1 month and 20 days.
Q Q
42. D1 is therefore sentenced to 37 months’ imprisonment for this
R R
charge.
S S
T T
2
See HKSAR v Yim Hung Lui, Ricky, CACC 266/2011
U U
V V
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A A
B B
6th Charge
C C
43. On conviction upon indictment of this charge, a person is
D D
liable to a fine of $1 million and to imprisonment for 7 years, subject to
E section 54A of the Ordinance. E
F F
44. In this case, the quantity of drugs is only traces of
G methamphetamine. This court considers that a 3 months’ imprisonment G
appropriate as the sentencing starting point for this offence. She is
H H
therefore sentenced to 2 months’ imprisonment for this charge after plea.
I I
Totality
J J
K 45. The nature of the 1st charge offence is totally different from K
that of the dangerous-drug-related offences (2nd and 6th charge).
L L
M 46. Having regard to the overall culpability of D1 in this case, the M
court considers that a total sentence of 39 months’ imprisonment just and
N N
appropriate. Accordingly, sentence of the 2nd charge and the 6th charge is
O to run totally concurrent with each other. 2 months of the sentence for the O
1st charge is to run consecutive to the sentence of the 2nd and the 6th charge,
P P
the rest to run concurrently.
Q Q
47. D1 is sentenced to a total of 39 months’ imprisonment in this
R R
case.
S S
T ( K Lo ) T
Deputy District Judge
U U
V V