HKSAR v. Chan Pang Wai

HCCC 109/2020

[2020] HKCFI 2501

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 109 OF 2020

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: The accused was charged with one count of trafficking in a dangerous drug, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134. It is alleged that he, on the 28 May 2019, outside Shanghai Commercial Bank, Tung Chung Branch, at Ground Floor, Block 5, Tung Chung Crescent, Tung Chung, Lantau Island, in Hong Kong, unlawfully trafficked in 606.5 grammes of cocaine narcotic.

He pleaded guilty to the charge before the magistrate at the committal stage and was on 25 May this year committed to the Court of First Instance of the High Court for sentence.

The accused and another male were intercepted by police at the offence location at around 12.54 am on 28 May 2019. Inside his shoulder bag, the police found three plastic bags containing what was later confirmed to be 956 grammes of a solid containing 606.5 grammes of cocaine.

The accused admitted under caution that someone told him to deliver the dangerous drug from Sheung Shui MTR Station to Tung Chung for collection by another person. In a subsequent video-recorded interview, the accused stated that he did not consume dangerous drugs. He agreed to deliver the drug for others as he was in credit card debt of not less than HK$100,000. He collected a box of dangerous drugs from the drug dealer at Sheung Shui MTR Station at about 11 pm on 27 May 2019. Later he repackaged the drug into plastic bags and placed them in his shoulder bag before taking the drug to Tung Chung for collection by another person. He was arrested whilst he was waiting for the person to collect the drug in Tung Chung. The accused said he had not negotiated the reward with the drug dealer.

The estimated value of the seized cocaine is in the range of about HK$945,484 and HK$1,235,152.

The accused now admits and accepts that at the material time, he knowingly possessed all the seized cocaine for the purpose of unlawful trafficking.

The accused is now 29 years of age with a clear record. He was educated up to Form 5 and was engaged in various part-time job before his arrest. He is divorced and lives together with his parents and two younger brothers.

The accused conducted his own mitigation before me today. He is acting in person because he discharged his legal team assigned by the Legal Aid Department on 13 August and the 27 August, that is today.

In mitigation, the accused said that he pleaded guilty and he is willing to accept any punishment. He said that he would work hard in prison, and he would try to enrol in some improvement course to make himself a better and useful person after release, and he asked this court to impose a lenient sentence so that he can return to family and pay back his parents as soon as possible. He also submitted two letters written by his parents and an ex-neighbour respectively. In those letters, the accused is described as a filial son, a helpful person with nice character, and that both his parents and his ex-neighbour urged this court to exercise leniency in sentence.

In sentencing, I have considered the whole circumstances of the case including the type and quantity of the drugs involved, the background of the accused and his mitigation.

For sentence involving trafficking in cocaine, it has been held that the guidelines laid down for heroin should be applied. This case involves trafficking in 606.5 grammes of cocaine narcotic. In the case of HKSAR v Abdallah [2009] 2 HKLRD 437, the Court of Appeal held that trafficking in heroin where the narcotic content ranged between 600 and 1,200 grammes, a sentence between 20 and 23 years’ imprisonment should be imposed after trial.

In all the circumstances of this case, I take the view that a starting point of 20 years’ imprisonment is appropriate.

The accused pleaded guilty at the earliest available opportunity and he is entitled to a full one-third discount and I do not see any other mitigating factor that should have the sentence reduced. The sentence would therefore be 13 years and 4 months, that is 160 months.

Accused, please stand up. For the matters I have mentioned, I sentence you to an imprisonment term of 13 years and 4 months.