HKSAR v. Pak Wah Keung

HCCC 184/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 184 OF 2016

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: Mr Pak, stand up, please.

Pak Wah-keung you pleaded guilty on 15 April 2016, before the Eastern Magistracy to one count of trafficking in 62 grammes of methamphetamine hydrochloride and one count of trafficking in 621 grammes of methamphetamine hydrochloride and 1.627 kilogrammes of heroin hydrochloride, contrary to Section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, and you were committed to this court for sentence.

The prosecution has read out, on the last occasion, the Summary of Facts, which forms the basis upon which you entered your plea. Those are that you were stopped by the police on 23 June 2015 at 9.50 pm, and upon search, were found to be carrying three resealable transparent plastic bags containing “Ice”, which at the time you suggested was for your self-consumption, although by your plea, you now accept you were going to traffic in them. The contents of those three packets form the basis of count 1.

Your home address was then searched. This was Room A on the 7th Floor of Number 390, Reclamation Street, Mong Kok, and very many items were found, which indicated that you were actively involved in the distribution of large quantities of dangerous drugs. Those items included the usual electronic scale and resealable plastic bags, but also an iron mould and a hydraulic jack, presumably for packing larger amounts of drugs for other distributors. The “Ice” and the heroin which are the subject of count 2, were found in your flat.

The total street value of the “Ice” found upon you and in your flat was HK$268,008. The street value of the heroin found in your flat was HK$1,795,865.

Your criminal record indicates that you received a sentence of 14 years’ imprisonment on 26 April of 2006 for trafficking in dangerous drugs. That substantial term of imprisonment clearly had no effect upon you, because you were released under supervision on 11 December 2014, and were arrested for this offence on 23 June 2015, in circumstances which suggest that you were involved in a well-established, ongoing operation to traffic dangerous drugs, in which you were no innocent dupe.

I have listened to the representations made by Ms Sim, who has done her very best on your behalf, but unfortunately, there is very little which can be said which can affect the sentence which this court must pass.

On count 1, you pleaded guilty to trafficking in 62 grammes of “Ice”. I do not accept that any part of that “Ice” was for your personal consumption. If you consumed any “Ice”, then it would have been from the “Ice” which was still held in your flat. This “Ice”, wrapped as it was in three resealable plastic bags, was clearly for onwards sale. Under the guidelines laid down in HKSAR v Tam Yi Chun [2014] 3 HKLRD 691, trafficking in between 10 and 70 grammes of “Ice” calls for a sentencing range of 7 to 10 years as a starting point after trial. For 62 grammes of “Ice”, the starting point would be 9 years and 6 months. To that starting point, I intend to add 9 months for the aggravating feature of your offending whilst on supervision, and shortly after release for an identical offence. That makes a starting point of 10 years and 3 months, which after the one-third discount for plea, would be 6 years 10 months’ imprisonment.

Mr Pak, I wish to stress that this aggravating feature is your attitude to your offending, and to the previous sentence. It is not intended to be a punishment for your breach of supervision.

On count 2, you pleaded guilty to trafficking in dangerous drugs in both 1.627 kilogrammes of heroin hydrochloride and 621 grammes of methamphetamine hydrochloride.

For trafficking in over 600 grammes of “Ice” or heroin, the guidelines in HKSAR v Abdallah [2009] 2 HKLRD 437 apply. The starting point after trial for trafficking in between 1,200 to 4,000 grammes of heroin is between 23 to 26 years. For trafficking in 1.627 kilogrammes of heroin hydrochloride on its own, the starting point would be 23 years and 7 months. But you also fall to be sentenced in the same count for the 621 grammes of “Ice”, which you were prepared to traffic. Under Abdallah, that would attract a starting point sentence of 20 years and 1 month. As Abdallah applies to both categories of dangerous drugs, I have added them together. The total amount of dangerous drugs that you had in your flat was 2.248 kilogrammes. Under Abdallah, the starting point for that amount is 24 years and 3 months. I will allow you a very small discount for the drugs that you may have consumed yourself. But I say a small discount, because I believe it is more likely than not that all of the dangerous drugs would in fact have been sold on.

Accordingly, I will take a starting point on count 2 for the aggregated amount of the two drugs of 24 years. After discount for plea, that would mean a sentence of 16 years’ imprisonment.

I must now look at totality. If the whole of the drugs in count 1 and count 2 had been sentenced as one, you would have been looking at a starting point similar to the one which I arrived at under Count 2, save for the 9 months for the aggravating factor of your repeat offending shortly after release. Accordingly, giving you the one-third discount which you are entitled to for your plea of guilty, I sentence you as follows:

(1) On count 1, you will go to prison for 6 years and 10 months.

(2) On count 2, you will go to prison for 16 years.

(3) The sentence on count 2 to be wholly concurrent with the sentence on count 1 save for 6 months, which represents the discounted aggravating feature of your repeat offending.

You will go to prison, therefore, for a total of 16 years and 6 months.