HKSAR v. Lee Kar Wai, Brian

DCCC 184/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 184 OF 2017

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Reasons for Sentence

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1.D pleads guilty to trafficking in a dangerous drug.

2.On 30 November 2016 at around 10:28 p.m., customs officer escorted D for baggage examination and Ionscan test at Customs Departure Hall of the Hong Kong - Macau Ferry Terminal, Sheung Wan.

3.Ionscan test showed positive result to cocaine.  A body search of D uncovered a ziplock bag containing a yellow solid, later confirmed by Government Chemist as 23.5 grammes of a solid containing 20.3 grammes of cocaine (E1), from the right shoe D was wearing.

4.D was arrested and cautioned. At the time of arrest, he was in possession of HK$1,270.  In a subsequent cautioned interview, D admitted that E1 was inside his shoe.

5.The estimated value of E1 is around HK$28,153.  

6.D is 22 years of age, of secondary education level.  He has a clear record.  He was a transportation worker before arrest.  Since infanthood he was brought up by his maternal grandmother.  His father had left home after divorce.  His mother was busy at work and could render little care and guidance.  According to his mitigating letter, he mixed with bad elements and became addicted to drugs.  He expected to earn $4,000 as the reward for bringing the cocaine to Macau. 

7.The sentencing guidelines for cocaine trafficking suggest 5 – 8 years’ imprisonment for 10 – 50 grammes (R v. Lau Tak-ming [1990] 2 HKLR applied in Attorney General v. Rojas [1994] 1 HKC 342).

8.I take a starting point of 5 years 9 months.  One-third off for his timely plea of guilty, his sentence is 3 years and 10 months in the absence of other mitigating factors.