HKSAR v. Chu Kin Wai

HCCC 118/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 118 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 before me for one count of trafficking in dangerous drugs.

On 17 August 2016, at around 6 pm, a police officer was on patrol at Tin Shui Wai MTR station and he saw the defendant acting suspiciously. He stopped the defendant for inquiry. The police officer asked the defendant to produce his ID card and the defendant did. He then asked the defendant to hand over his recycling bag for inspection. The defendant then tried to fetch his ID card back from the police officer but failed. He then tried to run away but was subsequently subdued by the police officer.

A total of seven resealable plastic bags containing dangerous drugs were found inside the defendant’s recycling bag. The dangerous drugs involved was later found out to be 1,481 grammes of a solid containing 420 grammes of ketamine and 22.9 grammes of a solid containing 16.9 grammes of cocaine.

The estimated street value of the drugs were respectively HK$27,434 and HK$388,022.

The defendant is now 21 years old and at the time of his arrest, he was 19. He was unemployed. Previously, he worked as a chef earning $15,000 per month but was dismissed shortly before his arrest. He has four previous criminal convictions, all unrelated to dangerous drugs. He was living with his mother before his arrest.

According to Ms Lai, counsel for the defendant, the defendant started taking ketamine at the age of 14. He took cocaine since he was 16. He was quite a heavy user and he needs to spend $400 per day for drugs at the time he committed the offence. At that time, he was indebted to financial institutions for HK$25,000 and he also needs money for taking drugs. He therefore agreed to be a drug courier for which he can earn $1,500 to $2,000 each time. He pleaded guilty at the earliest opportunity and he is now very remorseful.

To assist this court to arrive at the appropriate sentence, Ms Lai has kindly prepared a calculation of the starting points of sentence with reference to the types and quantities of drugs involved in this matter, applying the three different tests used by the Hong Kong courts, namely the absurdity test, the conversion test and the ratio test.

The result is that the term of sentence arrived at by the ratio test is the one most favourable to the defendant. Applying the ratio test with reference to the respective quantities of each kind of drugs involved in this case, the starting point for sentence should be 10 years and 6 months’ imprisonment. In the circumstances of this case, I am of the view that this starting point is appropriate for the present offence.

Taking into account the defendant’s plea of guilty and the information on the papers, the sentence is reduced to 6 years’ imprisonment.