HKSAR v. Kwok Yau Chuen

HCCC 182/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 182 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 pleaded guilty to one count of trafficking in a dangerous drug on 29 May 2017 at Eastern Magistrates’ Court. He admitted trafficking 2,066 grammes of ‘Ice’ and 1,229 grammes of ketamine.

At about 10.40 pm on 8 December 2016, a team of police officers were on anti-dangerous drug operation in the vicinity of Lei Muk Road and Chun Pin Street. They saw the defendant park a taxi, LR 3153, at Chun Pin Street. A few minutes later, the defendant alighted and opened the boot of the taxi. He took out a carton box from the boot and walked inside a back alley nearby.

The officers approached and stopped the defendant at the back alley. The officers found nine biscuit boxes inside the carton box. Each biscuit box contained a tinfoil package with ketamine inside. In one of the boxes, the tinfoil package had already been opened. The total weight of ketamine was 1,229 grammes of ketamine. The officers also found four plastic bags of ‘Ice’ underneath the biscuit boxes. The total weight of ‘Ice’ was 2,066 grammes.

The defendant said, under caution, that a customer told him to deliver the carton box to a refuse station at Kwai Chung for a reward of $1,000. Later, during the video interview, the defendant said he was asked by ‘Ah Tat’, a customer, to put the carton box inside the back alley. He did not know the content of the carton box.

The total value of the ‘Ice’ seized was about $868,000. The total value of ketamine seized was about $668,000.

The defendant is 40. He is divorced with an 8-year-old daughter. He studied up to Form 3. He has a clear record. He was a taxi driver at the time of the offence. Defence counsel, Mr Jawadullah, submits that the role of the defendant is minor and he did not know the quantity of the dangerous drug in the carton.

Family members submit letters saying that the defendant takes care of his mother and family well. It is out of character and they are all shocked. They all plead for leniency.

In relation to the ‘Ice’ in the charge, the sentencing tariff is Tam Yi Chun and Abdallah cases. Trafficking in 2,066 grammes of ‘Ice’ warrants a starting point of 23 years and 11 months’ imprisonment. In relation to the 1,229 grammes of ketamine, according to the Hii Siew Cheng case, the starting point should be 15 years’ imprisonment.

As there are two kinds of drugs, I adopt the approach in Wong Kin Kau’s case. In arriving at the combined starting point, I have considered the following. Trafficking in 1,229 grammes of ketamine warrants a term of 15 years’ imprisonment. This is roughly equivalent to the criminality of trafficking in 300 grammes of ‘Ice’. I then add this notional amount of ‘Ice’ to the amount of ‘Ice’ in the charge. The defendant is sentenced on the basis of trafficking 2,366 grammes of ‘Ice’. The sentence should be 24 years and 3 months’ imprisonment.

Given the circumstances in this case, I would not enhance the starting point further for the potential of mixing of the drugs. I am aware that the defendant has a clear record. However, this is not a valid factor for further reduction. Likewise, suffering of the family is not a valid mitigation.

Trafficking in a dangerous drug is a serious offence warranting a deterrent sentence. Given the above conversion, I take 24 years and 3 months’ imprisonment as the starting point. I deduct 8 years and 1 month for the plea.

I sentence the defendant to 16 years and 2 months’ imprisonment.