HKSAR v. Shek Wing Cho

DCCC 547/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 547 OF 2017

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Reasons for Sentence

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1.The Defendant pleads guilty to 2 counts of trafficking in a dangerous drug.

2.On 23/3/2017, at around 10:40 pm, in conducting an anti-dangerous drugs patrol in the vicinity of Exchange Square Public Light Bus Terminus, Connaught Place, Central, police officers in plainclothes spotted a Chinese male (later known as the Defendant) and a Chinese female (later known as Ho, aged 17) acting furtively and therefore intercepted them.

3.Upon search of the Defendant, found inside the Defendant's underpants were 10 transparent re-sealable plastic bags containing 1.65 grammes of a solid containing 1.54 grammes of cocaine (Exh. P1).  Upon search of Ho, no dangerous drug was found. After arrest and caution, he said the cocaine was for his own consumption. 

4.The next day, at around 1:43 am, the police searched the Defendant's residence at Oi Tung Estate, Shau Kei Wan.  Inside the pocket of the Defendant’s jacket on the bed were:

(1) 23 transparent re-sealable plastic bags containing 4.36 grammes of a solid containing 3.89 grammes of cocaine (Exh. P2);

(2) 2 transparent re-sealable plastic bags containing 0.38 gramme of a powder containing 0.02 gramme of cocaine;

(3) 3 transparent re-sealable plastic bags containing traces of a powder containing cocaine;

(4) one electronic scale;

(5) 82 transparent re-sealable plastic bags.

5.After arrest and caution, he said the cocaine found was for his own consumption.

6.He attended 2 video-recorded interviews under caution. In the first one he said:

(1) He obtained Exh. P1 from a friend for $3,000 on 22/3/2017;

(2) He was going to meet his friend and would consume Exh. P1 together;

(3) He was a habitual user of cocaine by smoking.

7.In the second one, he said:

(1) He obtained Exh. P2 from his friend in one piece and he repacked it into smaller packets by the 82 plastic bags because he wanted to consume it with friends or to sell them to friends;

(2) The electronic scale was for weighing the cocaine.

8.The estimated market value of Exhs P1 and P2 is around $6,051 in total. 

Mitigation

9.He is 23 years of age, of F. 2 education level.  He had 2 previous convictions unrelated to drugs.  He last worked as a delivery worker.  He has a daughter by his girlfriend.  Since pregnancy last year, she had not been working.  She lived with her own family and her child.  He lived with his parents and two sisters.  He committed the present offences to seek to rent a place for his new family of three.  There are mitigating letters from his parents, his girlfriend, and himself.  They request this Court for a lenient sentence. 

Sentencing considerations

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

11.It is appropriate for the Court, where two or more counts of drug trafficking are charged and the offences occur on the same day and at the same time, the reason for there being two or more charges as opposed to one is primarily that the drugs are located in different places, to add the total of the active ingredient of the drugs together to arrive at a notional starting point (HKSAR v Lam Chi Wa CACC 94/2008). 

Sentencing this Defendant

12.The total quantity of cocaine seized under both charges is 5.45 grammes.  Despite what he had said to the police at various junctures to the effect that he would consume part of the drug in question, there is no suggestion in his mitigation by his solicitor Mr. Tsui that it was actually the case here or that he was a drug user himself.  I take a starting point of 3 years 6 months each. There is a one-third discount for the timely plea of guilty.  The sentence is 2 years 4 months.  The sentences shall be concurrent.