HKSAR v. WONG CHUN KIT

DCCC817/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 817 OF 2012

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2.  You have admitted that on 4 July 2012 outside the Golden Era Plaza in Sai Yee Street, Mong Kok, you unlawfully trafficked in 34.09 grammes of a solid containing 28.03 grammes of cocaine.

3.  On 4 July police officers conducted an operation in the vicinity of Sai Yee Street.  They saw you at about 2150 hours talking on your mobile phone and wandering around outside No.39 Sai Yee Street.  You then looked around and approached a private car which had stopped outside the Golden Era Plaza which was parked at 39 Sai Yee Street.  You then stopped, looked into the car, opened the door and went to sit in the front passenger seat.  You then talked to a male for about 10 seconds, then put your hand into a dark coloured carry bag. You and the other male seated in the driver’s seat were immediately intercepted by officers.

4.  You were searched and in the bag you were carrying were found the drugs in issue.  They were contained in one transparent resealable plastic bag.  Cash of $559 was found on you as well as two mobile phones. 

5.  Also found was 350 small plastic bags on the front passenger seat carpet of the car.  Three mobile phones and cash of some $5,307 was found on the driver. 

6.  You have admitted that the drugs found upon you were for the purposes of unlawful trafficking. 

7.  The street value of the drugs in July 2012 was in the amount of $34,805. 

8.  Mr Ng, your counsel, has mitigated on your behalf.  I have taken into account all that he has had to say. 

9.  You are 17 years of age, and in your three previous court appearances you have accumulated four convictions.  Two of those previous convictions are related to drugs and are for possession of dangerous drugs.  For the last conviction in March, for that offence of possession of dangerous drugs, you were sentenced on 24 March 2011 to DATC.  You have also been sentenced to probation in 2010 for 2 years and also been sentenced to reformatory school. 

10.  Mr Ng, explains to me today that you were influenced by your undesirable peers sometime in 2009 to take dangerous drugs. At the time of commission of this offence, I am informed that you were addicted to cocaine.  I note, however, that you had just been released from DATC less than a month, previous to this offence.  You were released on 18 June 2012 and committed this offence less than 3 weeks later on 4 July.  

11.  You have been unemployed since you left school since September 2011.  Despite being unemployed, however, you received pocket money of some $4,000 a month from your stepfather.  That is almost as much as some people earn on a full-time job, so you were indeed very fortunate. 

12.  It is very unfortunate to see such a young man like you getting into trouble on so many occasions at such a young age.  You have a supportive family; your stepfather is here today.  I am told your mother is not here because she is ill.

13.  Your counsel, Mr Ng, has told me that you understand how serious this offence is and how you are looking at a very lengthy jail term. 

14.  You have informed me through Mr Ng that you promise not to re-offend again.  I do hope that that promise is genuine.  You have spent the last 2-odd years in custody.  You will be spending at least the next 4 years also in custody.  You have a long time to think about reforming yourself and turning anew.  You do not wish to be spending your youthful, healthy life in prison. 

15.  Defendant as Mr Ng rightly points out there are tariffs for trafficking in dangerous drugs such as cocaine.  The relevant tariffs are laid down in Lau Tak Ming.  For the amount of drugs that you had in your possession for unlawful trafficking, had I convicted you after trial, I would have taken a sentence of 6 years’ imprisonment.   However, giving you full credit for your plea of guilty, I reduce that term to one of 4 years’ imprisonment.