HKSAR v. Chan Shing Kwong

HCCC 147/2019

[2019] HKCFI 2082

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 147 OF 2019

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

The defendant pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

He was at the driver’s seat of a private car which the police had indicated to stop. You refused to stop or open the door but swerved right and collided with another two private cars and a police vehicle. Eight cigarette boxes, each containing a plastic bag of drugs, were found inside the compartment in front of the passenger seat. The passenger on board denied involvement but the defendant admitted that he received $500 to help someone to carry the drugs. The defendant had three mobile phones on him as well as HK$430.

Upon analysis, the drugs were found to be 189.2 grammes of a solid containing 185.1 grammes of cocaine.

The market value was over HK$239,000.

The defendant is now aged 22. He has one previous conviction for possession of dangerous drugs back in 2013 for which he received 18 months’ probation. By way of mitigation, I was told that he is single and he has a fiancée who is mentally unwell and they have a daughter aged 3 and plan to get married. Before the offence, he was a car dealer earning around $15,000 per month. It was submitted that being the sole breadwinner of the family and financially tight, he succumbed to the suggestion of his peers to make quick money and committed the present offence.

It was further submitted that he had learned a bitter lesson from this and had reflected deeply. He promised to study whilst in remand and urges for leniency from this court.

In sentencing the defendant, I have considered his guilty plea, mitigation forwarded by counsel on his behalf and the existing tariff for trafficking. I have also perused the various mitigation letters submitted. Trafficking in cocaine between 50 to 200 grammes, a starting point of 8 to 12 years is to be adopted. The present case involved 185.1 grammes of cocaine. I adopt a starting point of 138 months and he is entitled to the full one-third discount and sentenced to 92 months’ imprisonment.