HKSAR v. Wong Wai Ho

HCCC 451/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 451 OF 2014

-----------------

------------------

---------------------------------

Transcript of the Audio Recording
of the Sentence in the above Case

---------------------------------

COURT: Defendant, you have pleaded guilty to a charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. You have admitted that on 3 July 2014, at the vicinity of the Wan Tau Tong Shopping Centre in Tai Po, you unlawfully trafficked in 240 grammes of a powder containing 210 grammes of ketamine.

At about 6.35 pm that day, two detective police constables in plainclothes were conducting anti-dangerous drugs patrol in the vicinity of Wan Tau Tong Estate. When they patrolled near to the shopping centre near the unloading area, they saw you walking towards them and then suddenly turning around and walking away. Finding this suspicious, they immediately intercepted you and revealed their police warrant cards. Suspecting that you were in possession of dangerous drugs, they searched you. They found the drugs contained in the charge sheet inside one transparent plastic bag in a black shoulder-bag you were carrying.

The estimated street value of the drugs was in the amount of $30,240.

Defendant, you have four previous convictions. They are two for assault occasioning actual bodily harm, one of claiming to be a member of a triad society, and possession of offensive weapon. None of those are related to drugs. This is your first drug offence, although you have admitted in the antecedents that you were addicted to drugs.

You are now 28 years of age and have been educated up to form 3. At the time of your arrest, you were a casual decoration worker earning about $10,000 a month. I am told that in 2010, you got married and a son was born the same year. From your income, you have contributed $5,000 a month to your parents. However, four years later, you divorced and your wife left you with the son. He is now aged 5 and studying in kindergarten.

Mr Sammy Hui, your counsel, informs this court that as a result of the financial pressures that you felt in supporting your son and contributing to your parents whom you live with, you came under the influence of undesirable peers and committed this offence for more money.

Mr Hui has correctly referred me to the leading case in trafficking in the drug ketamine, and that is Hii Siew Cheng. The amount of drugs that you had been trafficking in falls in the bracket between 50 and 300 grammes for which a tariff of between 6 and 9 years’ imprisonment is the appropriate sentence should you have been convicted after trial.

Mr Hui has properly submitted that the only mitigating factor is your plea of guilty.

For this amount of drugs, had you been convicted after trial, I would have imposed a sentence of 7 years and 9 months’ imprisonment. Giving you full credit for your plea of guilty, that term shall be reduced to one of 5 years and 2 months’ imprisonment to which you shall be so sentenced.