HKSAR v. NG CHI WAI

DCCC362/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 362 OF 2010

----------------------

----------------------

-------------------------------

Reasons for Sentence

-------------------------------

1.  Defendant, you have been convicted on the 1st charge of trafficking in 40.90 grammes of cocaine, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134, and have pleaded guilty to driving whilst disqualified, contrary to section 44(1)(b) of the Road Traffic Ordinance, Cap.374, and using a motor vehicle without third party insurance, contrary to section 4(1) and 4(2)(a) of the Motor Vehicles Insurance (Third Party Risks) Ordinance, Chapter 272, both being the 2nd and 3rd charges.

2.  Very briefly, you were seen by police officers at 10.30 pm on 20 February 2009 alighting from an LGV, registered number KE 2770, which arrived and stopped outside the fence surrounding the premises at No. 35B, Ma Wat Tsuen, Fanling.  You were seen getting out of the driver’s side of the vehicle.  The police followed you into the surrounding area of the premises and when you saw them, you fled.  During the ensuing pursuit, you were seen to discard a white packet, Exhibit P1, near the fence.  The contents of this packet proved to be the cocaine, the subject matter of Charge 1. 

3.  It is an Agreed Fact that on 8 October 2008, you were convicted of failing to stop after an accident and were disqualified from driving for a period of 18 months.  This of course gives rise to the 2nd and 3rd charges to which you have pleaded guilty.

4.  With regard to sentence on the 1st charge of trafficking in dangerous drugs, your counsel is right.  For trafficking in between 10 to 50 grammes of cocaine, the sentencing guidelines indicate a sentence of between 5 and 8 years’ imprisonment.  40.9 grammes is at the higher end of that sentencing bracket. 

5.  I propose to adopt a starting point of 6 and a half years’ imprisonment in respect of Charge 1.  I am asked to give you some discount in sentence to reflect the fact that you agreed the prosecution case and admitted that you trafficked in half of the drugs.  I decline to do so.  I have disbelieved your story as to buying half of the drugs for Ah Tim and the balance being for your own consumption, and I am satisfied that by pleading as such, you were merely seeking to avoid the much higher sentence that was bound to be imposed on you for trafficking.  You are sentenced to 6 and a half years’ imprisonment on Charge 1.

6.  With respect to Charges 2 and 3, I adopt a starting point of 3 months’ imprisonment on each of those charges which will be reduced to 2 months to take account of your plea of guilty.  I order these sentences to run concurrently with each other, and whilst they are completely separate and distinct offences from the trafficking charge and should therefore run consecutively, due to the question of totality, I order them to run concurrently with the sentence of 6 and a half years imposed on Charge 1, coming to 6 and a half years’ imprisonment in all.

7.  In addition, you will be disqualified on each of these charges for a period of 18 months.  The period of disqualification is to run concurrently with each other and is to take effect upon your discharge from prison.

8.  The period of 6½ years imprisonment is to run concurrently to the period of imprisonment that you are currently serving.