HKSAR v. Lai Chin Hung

DCCC 1007/2017

[2018] HKDC 386

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1007 OF 2017

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Reasons for Sentence

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Charge and facts

1.D pleads guilty to trafficking in dangerous drugs.

2.At midnight on 15/8/2017, the Defendant drove a private car to near a primary school in Sheung Kok Street, Kwai Chung.  He got off and walked about in the vicinity. He kept looking around and checking his mobile phone while holding a sling bag in front of him firmly with both hands.  The police intercepted him for enquiry. A search of the sling bag revealed 16 plastic bags containing 3.28 grammes of a solid containing 3.01 grammes of cocaine, alongside 43 plastic bags containing 58.06 grammes of a powder containing 19.61 grammes of ketamine.  There was also an electronic scale in the sling bag.  

3.Upon enquiry at scene and afterwards, he told the police that he had picked up the cocaine and the ketamine from a restaurant in Sham Shui Po to wait at Sheung Kok Street for instructions to deliver to someone in Kwai Chung Estate for a reward of $1,000. 

4.He had 3 mobile phones, cash $5,420 and the car key with him.

5.Registration details of the private car showed that he was the owner. 

6.The estimated street value of the dangerous drugs was $25,914.24 in total.

Mitigation

7.He is 38 years of age, of junior secondary education level.  He had 4 previous records for possession of dangerous drugs (sentenced in between 1999 and 2012) and 1 for trafficking (sentenced to 32 months in 2009).   

Sentencing guidelines for trafficking

8.For 10 – 50 grammes of ketamine, the sentence shall be 4 – 6 years (HKSAR v Hii Siew Cheng [2007] 1 HKLRD 1).  For up to 10 grammes of cocaine, the sentence shall be 2 – 5 years (R v Lau Tak Ming [1990] 2 HKLR 370 and A.G. v Rojas CAAR 15/1993). 

Sentencing this Defendant

9.I take 5 years as the starting point.  Given his timely plea of guilty, I reduce it by one-third.  The sentence is 3 years and 4 months as he has no other mitigating factors.