HKSAR v. Chau Ho-hin

DCCC 530/2020

[2020] HKDC 1077

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.530 OF 2020

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Reasons for Sentence

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Charge

1.The Defendant pleads guilty to a charge of trafficking in dangerous drugs. 

Facts

2.At around 12:47p.m. on 13th April 2020, while PC 18010 (“PW1”) was conducting an anti-narcotics operation with his teammates near the rear lane, No.132 Sai Yeung Choi Street South, Mongkok, Kowloon, he saw the Defendant walking swiftly towards Fife Street and acting furtively. Feeling suspicious, he intercepted the Defendant.

3.Upon search, a transparent re-sealable plastic bag, containing 20 plastics bags containing a total of 13.5 grammes of a solid containing 9.80 grammes of ketamine (“E1”) was found inside the Defendant’s front right trouser pocket.

4.PW1 arrested the Defendant for trafficking in a dangerous drug. Under caution, the Defendant admitted that he carried E1 for others to earn money.

5.In the video-recorded interview conducted on the same day, the Defendant admitted under caution that: -

(a)  E1 was ketamine.

(b)  He became acquainted with a person known as “Ah Sing” a few weeks before the day of the offence. Ah Sing asked him to take some dangerous drugs to Mongkok for him, in return for a reward of HK$500.

(c)  He collected E1 in the vicinity of Un Chau Street and Kweilin Street in the morning of the day of the offence. He did not know the weight or value of E1.

6.Upon house search, no drug paraphernalia was found in the Defendant’s place of residence.

7.The estimated market value of E1 was HK$6,154.40. The Defendant had on his person cash $203 and a mobile phone at the time of arrest.

8.At all material times, the Defendant was in possession of E1 for the purpose of trafficking.

Mitigation

9.The Defendant was 20 years of age at the time of the offence.  He is now 21, of F. 6 education level.  He has a clear record.  His parents are labourers.  He was a waiter but lost his job due to the social unrest and the pandemic.  As his savings could not last long, he delivered the drug for a reward.  

Sentencing guidelines

10.The sentencing guidelines indicate 2 – 4 years for trafficking in 1 – 10 grammes of ketamine.       

Sentencing this Defendant

11.I take 3 years 9 months as the starting point.  After the one-third discount, the sentence is 2 years 6 months.