A A
B B
DCCC 978/2017
[2018] HKDC 603
C C
IN THE DISTRICT COURT OF THE
D HONG KONG SPECIAL ADMINISTRATIVE REGION D
CRIMINAL CASE NO. 978 OF 2017
E
____________ E
HKSAR
F v F
YUNG WAI LEONG
G G
____________
H H
Before: HH Judge Dufton
I
Date: 28 May 2018 I
Present: Mr Ivan Cheung, counsel on fiat, for HKSAR
Miss Shirley Hung instructed by Y.C. Lee, Pang, Kwok & Ip,
J J
assigned by the Director of Legal Aid, for the defendant
Offences: (1) Possession of a dangerous drug
K K
(管有危險藥物)
(2) Failure to produce proof of identity on demand
L L
(未能在規定下出示身分證明文件)
M REASONS FOR SENTENCE M
N 1. The defendant pleads guilty to one charge of possession of N
8.82 grammes of a crystalline solid containing 8.82 grammes
O O
methamphetamine hydrochloride (“ice”), contrary to section 8 of the
P P
Dangerous Drugs Ordinance 1 and one charge of failure to produce proof
Q
of identity on demand, contrary to section 17C(3) of the Immigration Q
2
Ordinance .
R R
S S
T 1 T
Cap 134.
2
Cap 115.
U U
V V
2
A A
B B
2. In summary at around 0625 hours on 8 August last year the
C police intercepted the defendant at ground floor of No. 287 Lai Chi Kok C
Road in Sham Shui Po.
D D
3. The police found in the defendant’s right hand a resealable
E E
plastic bag containing the ice. Under caution the defendant admitted that
F he bought the ice for his own consumption. F
G G
4. A body search revealed the defendant had no identity
H document. Under caution the defendant told the police he had lost his H
identity card a long time ago.
I I
Mitigation
J J
K 5. In passing sentence, I have carefully considered everything K
said on behalf of the defendant by Miss Hung.
L L
DATC report
M M
N 6. By virtue of section 54A of the Dangerous Drugs Ordinance N
no sentence of imprisonment may be imposed for the offence of
O O
possession of a dangerous drug without first considering the suitability
P for cure and rehabilitation. P
Q Q
7. The report reveals that the defendant is single, living with his
R
parents and that prior to his arrest he was a casual worker earning $500 R
per day. The defendant was first tempted to take drugs in 2002 and last
S S
took ice the day before he was arrested. The defendant has been
T sentenced to the DATC in 2009, 2012, 2014 and 2016. T
U U
V V
3
A A
B B
8. The Medical Officer is of the opinion the defendant is no
C longer a drug dependant, no doubt due to the fact the defendant has been C
in custody since his arrest in August last year. The defendant is therefore
D D
not considered suitable for admission to the DATC.
E E
9. During the interview with the assessment officer the
F defendant says he is determined to reform himself and stay away from F
drugs in the future. With the support of his parents, who are in court
G G
today, I hope the defendant can fulfil that determination.
H H
Possession of ice
I I
10. In HKSAR v Mok Cho Tik 3 the Court of Appeal said the
J J
starting point for possession of drugs which a bona fide user normally has
K in his possession should be in the range of 12 to 18 months. I am K
satisfied for 8.82 grammes of ice a starting point of 15 months’
L L
imprisonment is appropriate.
M M
Persistent offender
N N
O
11. The defendant has appeared in court on ten occasions since O
2003 amassing a total of nineteen convictions, of which five are for
P P
possession of drugs. I am satisfied the defendant is a persistent offender
Q
by reason of which I increase the starting point by 3 months to 18 Q
months’ imprisonment.
R R
S S
T T
3
[2001] 1 HKC 261.
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V V
4
A A
B B
Latent risk
C C
12. Miss Hung refers the court to HKSAR v Cheng Kong Sang
D where the Court of Appeal enhanced the sentence to reflect the latent risk D
factor by 10 months for possession of 25 grammes of heroin contained in
E E
seventy one packets4. Miss Hung submits that the latent risk in that case
F was greater. F
G G
13. Taking into account that the defendant was arrested on the
H street with 8.82 grammes of ice and that the defendant has a conviction H
for trafficking in drugs in 2010, I am satisfied there was a clear latent risk
I I
that the drugs could have fallen into other hands. In the circumstances I
J enhance the starting point by a further 6 months to 2 years’ imprisonment. J
K 14. Giving the defendant full credit for his plea of guilty the K
defendant is convicted and sentenced to 1 year and 4 months’
L L
imprisonment.
M M
Failing to produce proof of identity
N N
O
15. The maximum sentence is a fine of $5,000. This charge is O
usually dealt with in the Magistracy by way of a small fine. The
P P
defendant is convicted and fined $150 to be paid within 7 days. In
Q
default of payment he will serve imprisonment for 1 day consecutive to Q
the sentence on charge 1.
R R
(D. J. DUFTON)
District Judge
S S
4
T CACC 371/2008. I also note that the Court of Appeal in determining the appropriate starting T
point was 20 months’ imprisonment took into account that the defendant was a persistent offender
with no less than seven previous convictions for the same offence.
U U
V V