HKSAR v. Cheung Wai Hin

DCCC 803/2018

[2019] HKDC 739

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 803 OF 2018

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Reasons for Sentence

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Charge

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

2.In the early morning on 16 April 2018 police officers arrived at the Defendant’s residence in Wang Chau, N.T.  They found from his trouser pockets $13,000 in cash.  A bag in a rubbish bin of residence contained 25 plastic bags containing 6.98 grammes of substances a solid containing 4.78 grammes of cocaine, a plastic spoon, a pair of scissors, an electronic scale and 342 re-sealable plastic bags. 

3.In his video-recorded interview under caution he said, among others:

(a) He resided there with his girlfriend since March 2018;

(b) Only they themselves had keys to the residence;

(c) He bought all the dangerous drugs there for self-use at about $5,100;

(d) He used the electronic scale, the plastic spoon and the scissors to weigh the consumption dosage to avoid overdose;

(e) He bought the tools from the stationery shop and store them inside the bedside cabinet;

(f) He put the dangerous drugs into a bag inside the beside cabinet and no one else touched that bag;

(g) Upon police arrival he dumped the bag into the rubbish bin out of fear;

(h) He consumed about 1 gramme of cocaine each time, and a total of about 3 grammes per week;

(i) He is bankrupt and worked as a part-time construction worker earning $800 to $900 per day;

(j) The $13,000 found on him represents part of the salary he received in cash.

4.The estimated street value of the cocaine was $15,380. 

5.The Defendant at the material times had with him the dangerous drugs seized for unlawful trafficking.    

Sentencing guidelines

6.The sentencing guidelines for trafficking in up to 10 grammes of cocaine suggest 2 – 5 years’ imprisonment (Attorney General v Rojas [1994] 1 HKC 342; R v Lau Tak Ming [1990] 2 HKLR 370). 

Mitigation

7.The Defendant has a clear record.  He is aged 25, of F. 6 education level.  I am told that he had looked after his mother, his girlfriend and her child.  He was the sole breadwinner of the family.  He worked hard but could not live within his means.  He became bankrupt in 2017.  His girlfriend and her child are no longer with him. 

Sentencing the Defendant

8.I take a starting point of 3 years.  After a one-third discount for the guilty plea, the sentence is 2 years.