HKSAR v. KWOK HING YUEN, WINSON

DCCC 1038/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1038 OF 2014

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Reasons for Sentence

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1.  The defendant pleaded guilty before me to one charge of trafficking in a dangerous drug.

2.  The particulars are that the defendant, on 16 September 2014, at Yummy BBQ Site, DD120, Lot 2231RP, Ma Tin Tsuen, Yuen Long, unlawfully trafficked in a dangerous drug, namely 46.01 grammes of a solid containing 24.00 grammes of cocaine.

Facts admitted by the defendant in a nutshell

3.  On the above date at the above place at about 11.29 pm, upon interception by the police, the defendant fled, and threw a plastic container out the steel sheet fence surrounding himself and the police.  A police officer staying outside the surrounded area saw items being thrown out.  On the empty ground where the said plastic container was recovered, there were found 82 transparent resealable plastic bags containing a total of 46.01 grammes of a solid containing 24.00 grammes of cocaine, one pair of scissors, two electronic scales, and some empty transparent resealable plastic bags.  The defendant was arrested.

4.  Two nearby CCTV cameras captured images of a person wearing clothes similar to those worn by the defendant threw several items onto the said empty ground.

5.  The total retail value of the cocaine seized was about HK$52,267.40.

The defendant’s personal particulars

6.  The defendant is 22 years old, born in mainland; still single; and lived with his mother before arrest in Nam San Wai, Yuen Long.  He has received up to Form 4 education in Hong Kong.  The defendant has a criminal record dating back to 2010 for an assault occasioning actual bodily harm.  In 2011, whilst on probation, he committed three counts of unlawful sexual intercourse with someone under 16, and was ordered to perform community service.  He breached the CSO in 2012 twice, resulting in his incarceration for 28 days.  Finally, he has a drink‑driving conviction in 2013.

Mitigation

7.  Mr Davies, of counsel, makes a plea in mitigation on behalf of the defendant.  The defendant realises he has to serve a term of imprisonment.  He understands that there are tariff sentences for this type of offence.

8.  For trafficking in 10 to 50 grammes of this drug, the sentence after trial is 5 to 8 years.  On a purely mathematical scale, the starting point here should be 6 years.

9.  Mr Davies submits that a small amount of dangerous drug seized was for the defendant’s self-consumption.

10.  The defendant’s last job was a dock worker earning $18,000 a month.  The defendant submits a letter written by himself saying that he regretted having been influenced by his peers and getting addicted into drugs.  He is glad that now he is rid of the habit, having been remanded in custody.  He asks for leniency so as to start a new life.  The defendant also submits a total of three certificates showing he had previously donated blood and money to charitable organisations.  Mr Davies said that the prosecution was informed early about the plea, and asks for as lenient a sentence as possible.

Sentence and the Reasons for Sentence

11.  Trafficking in a dangerous drug is a most serious offence.  Guidelines that this court should normally follow are such that for trafficking in 10 to 50 grammes of cocaine, a sentence after trial of 5 to 8 years’ imprisonment is warranted.  I can see no reason for departing from those guidelines here.

12.  In the case of the defendant, I adopt a starting point of 6 years’ imprisonment.

13.  The defendant pleaded guilty, showing a degree of remorse.  He is entitled to a one‑third discount.  The defendant claims as part of the mitigation, which I accept, that a small amount of the drug was for his self-consumption.  As a result, I will knock off 2 months further from the discounted sentence as an act of mercy.  There is no other valid mitigating factor.

14.  Defendant, please stand.  Therefore, the defendant needs to go to prison for 3 years 10 months.