COURT: The defendant, Kwok Siu-ho, pleaded guilty to one count of trafficking in a dangerous drug, methamphetamine hydrochloride,
commonly referred to as 'Ice'. The quantity was 15.7 grammes of a crystalline solid containing 15.3 grammes of methamphetamine hydrochloride. At the time of the arrest, it had an estimated street value of $6,311.
The facts which the defendant has admitted today were that police, with a search warrant, intercepted the defendant as he left his home. As he locked the door and put the key into his pocket, two officers approached him and showed the warrant and said they needed to search his premises.
Police entered the premises using the defendant’s keys. The defendant was searched but nothing suspicious was found on his person. A search of the flat ensued and a plastic case was found under a computer desk in the defendant’s bedroom. It contained a packet of a substance believed to be 'Ice', a digital scale and three resealable plastic bags.
The defendant was arrested and cautioned. In reply, he said: “Ah Sir, I only sell these dangerous drugs to close friends to earn some money” and he went on to ask for a chance. He admits that, at the time, he was in possession of the 'Ice' for the purpose of trafficking.
The defendant has a record starting in 1993 with a wounding charge, section 19. Eight of the previous convictions relate to dangerous drugs, six for simple possession and two for possession of equipment. In the year 2000, there was another wounding charge, this time section 17; a couple with resisting a police officer; the theft, apparently, of a vehicle in 2014; and the last offence in 2014 was causing wasteful employment of police. The defendant has been to DATC in 1999. There are no trafficking offences on his record.
The defendant was born in Hong Kong; he holds a Hong Kong identity card. He received education up to form 2 level but left school early and was working as a casual transportation worker. He claims to be a drug addict and certainly his record bears that out. The defendant is married but separated from his wife. They have a 2½-year-old son.
He says he is remorseful and he wishes to turn over a new leaf, start a new life, and given that he is 37, there is a possibility that he might just do that if he makes good use of the time that he spends in prison.
The sentencing tariffs for 'Ice' were established in Ching Kwok Hung in 1991. A quantity of 'Ice' between 10 and 70 grammes calls for a sentence of 7 to 10 years’ imprisonment.
The defendant prays in aid in mitigation the fact that he gave a statement to the police giving as much information as he could about his supplier. That statement may not be of use to the police but it could indicate that he is serious about his intention to reform. However, the only cogent mitigation in the case is the plea of guilty, the indication of which was given on 27 May this year, thus enabling trial dates to be vacated in good order.
I take a starting point of 7 years in this case, discount it by one-third and sentence the defendant to 4 years and 8 months’ imprisonment.