HKSAR v. Tsang Chi Wai

DCCC 82/2018

[2018] HKDC 891

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 82 OF 2018

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Reasons for Sentence

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1.The defendant has pleaded guilty to one charge of trafficking in a dangerous drug, namely 7.06 grammes of a solid containing 6.72 grammes of cocaine.

2.The facts are straightforward, it is a stop and search case.  On the 23 November last year at about 7.30 pm on a staircase in Woosung House, Woosung Street, police officers noticed the defendant looking suspicious and stopped him.  The defendant was searched and in his left front trouser pocket a resealable plastic bag was found.  Inside that bag were 39 smaller plastic bags containing the cocaine.

3.The street value of that amount of cocaine was around $6200-odd.

4.The police also found some cash, Hong Kong dollars and Taiwanese dollars, as well as a mobile phone.

5.The defendant was cautioned and under caution he said the cocaine was for his own consumption.  A house search was conducted and nothing suspicious was found. 

6.Three days later, a urine specimen was collected from the defendant which ultimately showed a negative result for cocaine.

7.Today he admits that that amount was for trafficking. 

8.The defendant is a 28-year-old man with a clear record.  He is single and lives with his parents as well as a younger brother who is still a student.  He was previously and has been for about 4 or 5 years working as an insurance broker earning about $20,000 a month.  It is unusual for a man with a steady income and intact, happy family to be caught trafficking drugs.  Even more unusual to have a clear record.  Equally unusual is the fact that he refuses to tell the court why he got involved with trafficking drugs.  Other than the obvious, it is lucrative to sell drugs.

9.Only yesterday this court heard that a drug courier or trafficker can earn $50 for every packet of cocaine that he sells on behalf of a mastermind.  So when a trafficker can sell 40 to 50 packets of cocaine in one evening, it is a lucrative trade.  The defendant does not want to give any further explanation as to why he got involved with selling drugs.  It shall remain his secret. What is not a secret is the sentencing guidelines laid down by the Court of Appeal. 

10.Trafficking cocaine follows the same tariff as trafficking heroin, that is, following the authority of The Queen v Lau Tak Ming [1990] 2 HKLR 370 where up to 10 grammes is trafficked, a starting point of between 2 to 5 years' imprisonment would be appropriate.  Here we have 6.72 grammes of cocaine, therefore mathematically a starting point of 47 months or 3 years and 11 months would be appropriate. 

11.Today, the defendant's best mitigation is his plea of guilty.  Mr Sher has said all he can on behalf of the defendant.  I have a letter of mitigation from the defendant.  He expresses his remorse.  He apologizes for disappointing and hurting his parents.  He says he has learned his lesson.  His parents are here today to give him support.  I have learned from mitigation that he has always been a filial son, has supported his parents by contributing from his salary on a monthly basis.  I have been told that he is well aware of what punishment he faces and all he wants is be reunited with his family as soon as possible.  I have been asked to consider his genuine remorse and the fact he cooperated with the police.

12.I have taken into account the facts of this case and all of the mitigation I have heard.  I will take a 45 month starting point because this is his first offence for trafficking dangerous drugs and I have also taken into account the quantity of drugs.  He has pleaded guilty, he is entitled to a discount of one-third, that is a discount of 15 months.  That reduces the starting point to one of 30 months. 

13.I will take into account that he is 28 and had a clear record, and I am going to reduce that by a further 3 months to take into account that particular mitigation; his clear record.

14.Therefore for this offence, he is sentenced to 2 years and 3 months.