HKSAR v. Lo Kwai Ching, Tobby

HCCC 372/2017

[2018] HKCFI 551

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 372 OF 2017

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

On 9 October 2017, the defendant pleaded guilty to trafficking in 15.31 grammes of ‘Ice’ at the Eastern Magistrates’ Court. He was committed to this court for sentence.

Shortly after 5 am on 9 December 2016, a team of police officers intercepted the defendant outside No 205 Fa Yuen Street. An officer searched the defendant and found four packets of ‘Ice’ tucked inside his underpants. The packets contained ‘Ice’ of different weights. They were, respectively, 8.16 grammes, 4.02 grammes, 2.89 grammes and 0.24 grammes. He admitted under caution that the drugs were for his own consumption. He bought them from a male in the park at $2,000. According to the statistics of the police, the retail price of these packets of ‘Ice’ was about $5,200.

The defendant is 29. He has five previous convictions, mainly possession of a dangerous drug offences. He received education up to secondary level. He was unemployed and was an addict at the time of the arrest.

The defendant wrote to this court confirming that he was an addict. He committed the offence for reward. He was remorseful. His remorse is also confirmed by the social worker who has been counselling him during the remand.

The defendant has learned some computer and gardening skills while in custody. He finds them useful for his rehabilitation. He has family support and a strong determination to turn a new leaf.

Although the defendant claimed that part of the drugs found was for his own consumption, Mr Cheung Yiu-leung, defence counsel, frankly concedes that there is no instruction supporting that a significant amount is for self-consumption. I would not give further reduction for this factor.

For trafficking in 15.31 grammes of ‘Ice’, the starting point should be 7 years and 4 months’ imprisonment according to the tariff set out in Tam Yi Chun. I deduct 2 years and 5 months for his plea. I sentence the defendant to 4 years and 11 months’ imprisonment.