A A
DCCC 460/2019
[2019] HKDC 1729
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 460 OF 2019
C C
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D D
HKSAR
E v E
Huang Dangsheng
F F
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G G
Before: HH Judge Casewell
Date: 3 December 2019 at 2.52 pm
H Present: Mr Yeung Shak-nung, counsel on fiat, for HKSAR H
Mr Paul Leung Chiu-lam, instructed by Yuen & Partners,
I
assigned by DLA, for the defendant I
Offence: (1) Trafficking in a dangerous drug (販運危險藥物)
(2) Possession of apparatuses fit and intended for the
J inhalation of a dangerous drug (管有適合於及擬用作吸服危險 J
藥物的器具)
K (3) Possession of goods to which Dutiable Commodities K
Ordinance applied (管有《應課稅品條例》適用的貨品)
(4) Failing to declare to a member of the Customs and
L Excise Service (沒有向香港海關人員申報) L
M --------------------- M
Reasons for Sentence
N N
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O O
1. The defendant has pleaded guilty to four charges. The
first two are trafficking in a drug and possession of apparatus
P P
for its consumption. The 3rd and 4th charges relate to the
Q defendant’s possession of some cigars which are dutiable, 19 Q
cigars which are dutiable, and his failure to declare them.
R R
2. The defendant was arrested on 4th March at the Customs
S S
and Arrival Hall at Lo Wu Control Point. The drugs, the
equipment for their consumption, and the dutiable commodities
T T
were found on him when he was searched. The drug, which was 5.32
U
grammes of methamphetamine hydrochloride, was found in three U
CRT31/3.12.2019/ML 1 DCCC 460/2019(1)/Sentence
V V
A plastic bags hidden inside the defendant’s left sock. Inside the A
defendant’s blazer there was found the apparatus for consuming
B the drug, and the dutiable commodities were found in his B
shoulder bag.
C C
3. There is a total of 5.32 grammes of methamphetamine
D D
hydrochloride (or “Ice”, as it is called).
E E
4. The defendant said that he had the drugs for his own
F consumption and got them from a friend in the Mainland. He had F
hidden the drugs in his sock and the equipment that he had was
G G
for the consumption of the “Ice”.
H H
5. The street value of the drug is around about HK$3,000.
I I
6. As far as the defendant’s background is concerned, he
J is aged, I think it is 48. He lives in Hong Kong. He has a wife J
and a child. He has been convicted of offences in relation to
K gambling this year. The offences are not relevant to sentence K
today.
L L
7. As far as the determination of the starting point for
M M
sentence in this case, there is a guideline sentence for
N trafficking in methamphetamine hydrochloride. The starting point N
for up to 10 grammes of this drug is between 3 to 7 years’
O imprisonment. The amount involved in this case is towards the O
middle of that range and so a starting point of 5 years (or 60
P P
months’) imprisonment would be appropriate.
Q Q
8. In respect of Charge 1, there are two mitigating
R factors to be considered. R
S 9. The first is that, although the defendant pleads S
guilty to trafficking in a dangerous drug, he pleads guilty on
T T
the basis of his importation of the drug.
U U
CRT31/3.12.2019/ML 2 DCCC 460/2019(1)/Sentence
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A 10. The defendant maintains in the mitigation that the A
entirety of the drug was for his self-consumption. Where this is
B established, the defendant is entitled to a discount from the B
starting point of up to 25 per cent.
C C
11. In this case, there are clear grounds to accept that
D D
mitigation as being operative - the quantity of drug is small,
E the value is low, and the defendant had a means of consumption E
of the drug on his person - and, in respect of this case, I
F shall initially deduct that 25 per cent or 15 months’ F
imprisonment from the starting point of 60 months.
G G
12. The starting point is now 45 months’ imprisonment.
H H
From that, the defendant is entitled to a further one-third
I
discount, leading to a sentence on the 1st charge of 30 months’ I
imprisonment.
J J
13. On the 2nd charge, I will take a starting point of 6
K months’ imprisonment and reduce that to 4 months’ imprisonment K
for the defendant’s plea of guilty. That sentence will be
L L
concurrently served with the 1st charge.
M M
14. On the 3rd and 4th charge, it is the defendant’s first
N offence in respect of these matters, I will impose a fine of N
$500 on each charge.
O O
15. Total sentence then of 30 months’ imprisonment and a
P P
fine of $1,000.
Q Q
R R
(T Casewell)
S District Judge S
T T
U U
CRT31/3.12.2019/ML 3 DCCC 460/2019(1)/Sentence
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