HKSAR v. Chow Kwok Wai, Sunny

DCCC 17/2020

[2020] HKDC 269

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 17 OF 2020

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Reasons for Sentence

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Charge and facts

1.The Defendant (“D”) pleads guilty to trafficking in a dangerous drug. 

2.On 18 September, 2019, police officers including PC 15260 were patrolling outside SAHK Shek Kip Mei Pre-school Centre, Nos. 116-130, Ground Floor, Block 23, Shek Kip Mei Estate, Shek Kip Mei, Kowloon. At about 1703 hours, PC 15260 saw D acting suspiciously and was touching a flowerbed outside the Centre. D was then intercepted by PC 15260.

3.During investigation, PC 15260 found that D was holding 4 pellets of suspected dangerous drugs, each wrapped by white plastic bag (Exhibit 1) in his left hand. D dropped the 4 pellets onto the ground and the same were seized by PC 15260. PC 15260 arrested D for possession of dangerous drugs and D said the dangerous drugs were for his own consumption under caution.

4.Upon further search, PC 15260 found a re-sealable plastic bag with red line in the drain of the flowerbed and the bag contained 47 pellets of suspected dangerous drugs, each wrapped by white plastic bag (Exhibit 2). PC 15260 then arrested D for trafficking in dangerous drugs. D said the dangerous drugs were for his own consumption under caution.

5.The government chemist confirmed that Exhibit 1 contained a total of 0.93 grammes of a mixture containing 0.81 grammes of heroin hydrochloride (a salt of heroin) and Exhibit 2 contained a total of 11 grammes of a mixture containing 9.71 grammes of heroin hydrochloride (a salt of heroin).

6.In the subsequent video-recorded interview, D, inter alia, stated that:

a) He possessed the 51 pellets of heroin for self-consumption,

b) He purchased the 51 pellets of heroin from “Sai Fei” outside the Pre-school Centre at Block 23 of Shek Kip Mei Estate at about 1645 hours on 18 September, 2019,

c) After he had paid, “Sai Fei” told him to collect the heroin from the drain of the flowerbed,

d) D was counting the number of heroin when police appeared. D was so nervous that he put 47 pellets back into the drain of the flowerbed but he dropped 4 pellets onto the ground, and

e) He earned around HK$14,000 to HK$15,000 per month by doing transportation work.

7.At the time of arrest, D had 2 mobile phones and a total of HK$1,733 cash in his possession.

8.The estimated average retail price of the dangerous drugs (Exhibit 1 and Exhibit 2) was about HK$8,530.

9.At all material times, D possessed Exhibit 1 and Exhibit 2 for the purpose of unlawful trafficking.

Personal background and mitigation

10.He is 50 years of age, of F. 2 education level.  He had 4 drug trafficking records (sentenced in 1995, 2006, 2009 and 2013 respectively).  The last one was dated 23 May 2014 for 14 months’ imprisonment.  Afterwards he served a few months for other lesser criminal offences.

11.He has kept himself off drug trafficking for several years.  I will not aggravate his sentence for his reoffending this time.  

Sentencing guidelines

12.The Court of Appeal in R v Lau Tak-ming [1990] 2 HKC 370 has considered 2 – 5 years as the appropriate starting point for trafficking in heroin of up to 10 grammes. 

Sentencing D

13.I take a starting point of 5 years.  After a one-third discount for the plea of guilty, the sentence is 40 months.