HKSAR v. CHU WAI TAT

DCCC1129/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1129 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a single offence of Trafficking in Dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134. You admitted the brief facts and I convicted you.

2.  Briefly, the facts were as follows.  On 13 August last at about 9.47 pm a police officer patrolling in plain clothes saw you getting out of the driver’s seat of a taxi.  You looked around and then rushed into 164-166 Ki Lung Street, Sham Shui Po.  The officer followed you and found you facing a wall at the staircase between the ground floor and 1st floor of that building.  He intercepted and searched you.  From your left front trousers pocket he recovered a transparent plastic bag containing 38 other smaller plastic bags containing yellow granular substance.

3.  He arrested and cautioned you.  You said that your creditor told you either to repay the debt or deliver the items for $300. You agreed to do this as you had no money but you claimed not to know the item was dangerous drugs.  Subsequent analysis revealed it to be 10.82 grammes of solid containing 7.43 grammes of cocaine. 

4.  You are a man of hitherto clear record.  Mr Sit, on your behalf, told me that you are 46 years of age, educated to Form 5, divorced with one young daughter. Both the offence and, indeed, the break up of your marriage arose because of your financial problems.  He told me that you owed the loan shark in question $30,000 which attracted an interest rate of 20 per cent per month.  You committed the offence in an effort to repay the debt.

5.  Mr Sit conceded this was not the first time that you had committed this offence, however, in setting sentence I put that out of my mind and I simply sentence you for the offence which is before the court.  

6.  Mr Sit told me that you are extremely remorseful.  You were cooperative with the police from the outset and, indeed, he emphasised your plea of guilty and your clear record.  I am told that you have been advised of the tariff but Mr Sit urges leniency on you. 

7.  I turn now to the sentence. You are a man of middle years and of clear record.  You have committed this very serious offence of trafficking in dangerous drugs fuelled by your financial need.  The only real mitigation in this case is the fact that you have pleaded guilty.  

8.  In this case I take as a starting point of 3 years and 9 months’ imprisonment, that is, 45 months reduced to 30 months for your plea of guilty.  You will go to prison for 30 months.