HKSAR v. MA KWOK WAI

 DCCC485/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 485 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a single charge of trafficking in a dangerous drug, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134, Laws of Hong Kong, the particulars being that you on 5 March of this year at Room 812, 8th Floor, Hoi Ning House, Hoi Fu Court in Mongkok, unlawfully trafficked in 5.60 grammes of a solid containing 4.04 grammes of cocaine.

2.  The summary of facts which you have agreed are quite straightforward and indicate that police officers conducted a search at your premises on the date in question and found inside a wardrobe of the bedroom some electronic scales and a plastic box containing 18 small packets of drugs, being the subject matter of the charge.

3.  You subsequently told the police that you had bought the drugs some 2 weeks beforehand for $9,000. Some of the packets were to be sold for $600 and some you would keep for your own consumption. Some of the packets you had already sold.

4.  You are 31 years of age, married with a 9-year old son. You have only one previous conviction, which is unrelated and which I will ignore for sentencing purposes.

5.  I have read the letters of support submitted on your behalf from your wife and son and your former employer, all of whom, it goes without saying, you have let down by committing this offence. You have, of course, pleaded guilty which is an indication of your remorse and I will give you full credit for that.

6.  The sentencing guidelines for trafficking in up to 10 grammes of cocaine is from 2-5 years’ imprisonment. Taking everything into account, I am prepared to adopt a starting point of 2½ years’ imprisonment which I will reduce by one-third to take account of your plea of guilty, coming to 20 months’ imprisonment.