HKSAR v. MOK SHU MING

DCCC741/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 741 OF 2011

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Reasons for Sentence

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1.  The defendant has pleaded guilty to trafficking in dangerous drugs. The offence was committed on 18 April this year outside No. 1C Ma Wat Wai, Lok Tung Street in Fanling. The dangerous drugs were 7.07 grammes of ketamine and 5.85 grammes of methamphetamine hydrochloride.

2.  On the afternoon of 18 April, police conducted an anti-narcotics operation in the vicinity of Ma Wat Wai in the New Territor ies.  At 6.13 pm on that day, they saw the defendant coming out of his flat, that is Flat C, No.1 Ma Wat Wai, and he was acting furtively.

3.  He was stopped and searched and found to be in possession of $2,180, two mobile phones and two resealable plastic bags containing the drugs the subject of the charge. 

4.  The officers went back to the premises occupied by the defendant and there they seized four account books, 432 empty plastic bags of different sizes, an electronic scale, four spoons and two straws with traces of suspected drugs.

5.  He frankly admitted that he was a trafficker in dangerous drugs and that the premises were used for that purpose.  He said that he worked as a transportation worker, earning about $10,000 per month.  

6.  The defendant has three previous court appearances, but the last one was in 2007 and the three court appearances were for offences of a different nature.  He has never been sent to prison.  He has previously been put on probation and given community service. 

7.  The defendant is aged 20, he is single and he was educated to Form 3 level.  According to what I am told by his counsel, he became addicted to drugs about a year ago but has quit taking drugs since his arrest for these offences.

8.  I am told that at the plea court the defendant indicated that he intended to plead guilty and it is clear from the Summary of Facts that the defendant was cooperative with the police and gave them full details of his involvement in drug trafficking.                   

9.  The main mitigation in this case is the defendant’s guilty plea. 

10.  Trafficking in the quantity of ketamine found in the defendant’s possession would normally attract a sentence of about 3 years as a starting point.  In respect of the methamphetamine hydrochloride, that would attract a starting point of about 4½ years.

11.  I have considered the question of totality in relation to the charge.  I have also taken into account that the defendant has got no drugs convictions previously, he is only 20 years of age and he was very cooperative with the police.

12.  In those circumstances, what I have decided to do is to take the starting point of 4½ years and reduce that by one-third to reflect the guilty plea. 

13.  The defendant will therefore go to prison for 3 years.