HKSAR v. Wan Yik Chung

HCCC 101/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 101 OF 2017

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

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COURT: The defendant had pleaded guilty in the Magistrates Court to a count of trafficking in a dangerous drug, namely 239.10 grammes of a solid containing 219.80 grammes of cocaine. He has been committed to this court for sentence.

The facts reveal that at about 10 pm on 4 August last year, the defendant was seen driving a private car and stopped his vehicle in Hoi Shing Road, Tsuen Wan. He was intercepted and upon a search of the car, a cigarette box was found concealed inside the compartment inside of the control panel of the driver’s seat. Inside the cigarette box were two plastic bags containing a total of 47.90 grammes of a solid containing 44.20 grammes of cocaine.

The defendant was immediately arrested and cautioned for the drug found in the cigarette box and he admitted that in fact he was delivering the cocaine for a reward of $500.

Further search of the car revealed a total of 20 plastic bags containing 175.6 grammes of cocaine which were concealed in the control panels of the front passenger seat and the driver’s seat. The defendant was again cautioned and arrested for those drugs. The amount of drugs in the charge reflects the total quantity of drugs found inside the car on that night. Money was also found inside the car at various places. Inside the cross-shoulder bag was a sum of $2,490. In a compartment next to the hand brake of the vehicle was found $1,566.20. $8,380 was tied up in a rubber band and found in the storage compartment in the middle of the front seats of the vehicle.

The estimated retail value of the seized drugs was about HK$286,442.

The defendant is aged 38 and has a clear record. In mitigation, Mr Donald submitted that the defendant is married and lived with his wife and mother in Yuen Long, that he is employed as a warehouse worker or a mechanic in an import car dealership, and that he is the sole breadwinner of the family.

Mr Donald pointed out that the defendant only engaged in this nefarious activity of drug trafficking because he was in debt. Mr Donald explained that the money that was found in the car was for rental for his wife’s shop and some of the other money was for his brother and some of the money was left over from buying groceries.

Mr Donald also submitted several letters from the manager of his company, his wife, sister-in-law and elder brother. All the letters testify to the fact that he is a good person.

The dangerous drugs involved in this case is not small and as Mr Donald recognised, it would come within the band of the guidelines laid down by the Court of Appeal which suggested that for trafficking in between 200 to 400 grammes, the suggested term of imprisonment after trial would be between 12 to 15 years.

Because drug trafficking is such an evil trade, the previous good character of the defendant pales into insignificance. The only mitigation I can see in this case is that the defendant’s early plea reflects his remorse and therefore he is entitled to the usual one-third off.

I agree with Mr Donald’s submission that the starting point in this case should be 12 years’ imprisonment.

Taking one-third off, I therefore sentence the defendant to prison for 8 years.