HKSAR v. Wong Man Tak

DCCC 911/2018

[2019] HKDC 1214

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 911 OF 2018

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Reasons for Sentence

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Charges

1.The Defendant pleads guilty to a charge of trafficking in a dangerous drug (Charge 1).

Facts

2.At about 0336 hours on 24^th July 2018, police officers PC 25288 (PW1) and ASGT 19035 (PW2) were patrolling at Ka Fuk Estate, Fanling.  There they saw the Defendant alone, walking towards Ka Fuk Shopping Mall furtively with his hands inserted in the front pockets of his trousers.  They intercepted the Defendant.

3.PW1 conducted a body search upon the Defendant.  Inside the right front pocket of the Defendant’s trousers, one transparent re-sealable plastic bag containing 20 smaller transparent re-sealable plastic bags further containing suspected dangerous drugs (Exhibit 1) was found.  PW1 arrested the Defendant for Trafficking in a Dangerous Drug. Under caution, the Defendant said the ‘coke’ was for his self-consumption.

4.At the arrest, 3 mobile phones and HK$4,760 cash was found on the Defendant.  He was also found with a car key which he said was borrowed from his friend.

Cautioned video-recorded interview

5.In a subsequent cautioned video-recorded interview, the Defendant insisted on self-consumption.  In gist, he stated that at past 0100 hours, he went downstairs from home for a walk and came across an unknown male who offered to sell him cocaine.  As he had not smoked cocaine for a while and it was a rare opportunity that he could purchase the same, he asked to purchase all the cocaine the unknown male had (20 packets) for HK$6,000.  The cocaine could last for one and a half month and he would mix cocaine into cigarettes.  He claimed to have borrowed the private car from a friend but did not explain the reason. He claimed the 3 mobile phones were for job purpose but did not elaborate.  He carried that amount of cash as he had casual jobs previously. 

Forensic examination

6.Exhibit 1 was subsequently examined by the Government Chemist and confirmed to be 20 plastic bags containing 4.61 grammes of a solid containing 4.13 grammes of cocaine.

Street value

7.The estimated street value of the Exhibit 1 was about HK$4,068.05.

8.At all material times, the Defendant was in possession of the dangerous drugs (Exhibit 1) for the purpose of unlawful trafficking.

Mitigation

9.The Defendant is 25 years of age, of F.3 education level.  He has a clear record. He resides with his father, who is a decoration worker, his mother, who is a saleslady, and his elder sister, who is a clerk.  He claims to have worked as a transportation worker cum driver in a company between 2010 and 2018, earning about HK$18,000 per month.  He had lost his stable job and income since May 2018.  He became a casual transportation worker with an income of about HK$10,000 per month.  He intended to sell the cocaine in question for quick cash.   

Sentencing considerations

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

Sentencing this Defendant

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