HKSAR v. Chan Hing Wa

DCCC 962/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 962 OF 2016

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Reasons for Sentence

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

2.The facts are that several police officers on 15 June last year were on patrol in Tai Wo Estate.   At about 9 pm the police saw two men acting suspiciously.  They followed these two men.  Not long after, perhaps the men realised they were being followed, one man dropped a tissue onto the floor.  A police officer picked it up immediately and found 15 transparent resealable plastic bags with cocaine in each bag. 

3.This first man told the police under caution that it was the second man, the defendant, who had sold him the dangerous drugs.  As a result, the defendant was then searched.  In his front right trouser pocket, the police found another 15 transparent resealable plastic bags, again containing cocaine. 

4.Under caution, the defendant made a frank admission.  He told the police that he was delivering all the drugs to the first man.  He was delivering it for a reward of $1,000. 

5.The drugs in total weighed 6.39 grammes containing 5.88 grammes of cocaine.

6.The total estimated street value of all of the dangerous drugs was approximately $9,800.

7.The defendant’s admission to the police was that he was acting as a drug courier. 

8.The defendant’s plea of guilty is his best mitigation today.

9.I have heard full mitigation on the defendant’s behalf. 

10.The defendant is a man with a clear record.  He is 27 years old, lives with both of his parents.  He has a long term girlfriend and they are very serious, intending to marry in the future. 

11.It has been explained to me that the defendant committed this offence out of financial desperation.  The reason being is that his father is or was a heavy gambler and incurred a lot of debts that his family had to shoulder.  Only the defendant and his mother works.  His father is retired and his mother works as a cleaner earning $8,000 a month.  Because of the debts incurred by his father, the family have re-mortgaged their home twice, first time in 2011 and then in 2014, primarily to repay his gambling debts.

12.I have been told that the defendant held down two jobs to help pay for the mortgage.  During the day he worked as a surveying apprentice earning $16,000 a month and at night, initially, he worked in the container terminal earning $5,500.  He would give his mother $9,000 every month to help with the household expenditure and the mortgage. 

13.I have been told the defendant lost his night time job at about the same time as his mother suffered an injury at work and was on sick leave.  He took up her work doing it in the evening.  Because of this, being out at night, he met some drug addicts.  They tempted the defendant with the idea of making quick money by delivering drugs from A to B.

14.The defendant is very remorseful now, accepts responsibility for his actions and has promised not to reoffend.  I have a letter of mitigation from a family friend who knows the family well.  He describes the defendant as a good son with a kind heart.  Moreover, he helps this friend with charitable work every year without hesitation. 

15.I have considered the mitigation put forward on the defendant’s behalf and the explanation as to why he would commit such a serious offence. 

16.There are guidelines for trafficking cocaine.  In fact the Court of Appeal have said that trafficking cocaine attracts the same sentence or the same sentencing guidelines as for those trafficking heroin.  And I have taken into account the guidelines set out in R v Lau Tak Ming [1990] 2 HKLR, the authority for trafficking heroin.

17.The Court of Appeal have set out where between naught to 10 grammes is trafficked, a starting point of between 2 to 5 years would be appropriate.  Here, there is a quantity of 5.88 grammes of cocaine.  I should consider a starting point of about 3 years and 8 months. 

18.Defendant, please stand up.

19.What I do take into account is the plea of guilty today.  That shows remorse.  I also consider the fact you have previously no criminal convictions.  Lastly, I take into account the mitigation and explanation. 

20.Having considered all those factors relevant, I will take a starting point of 3 years’ imprisonment.  Because you pleaded guilty, you are entitled to a discount of one-third.  After that discount is applied, you are sentenced to 2 years’ imprisonment.  Do you understand that sentence?

DEFENDANT: Yes.