HKSAR v. Wong Man Kit

DCCC 1057/2021

[2022] HKDC 1037

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1057 OF 2021

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REASONS FOR SENTENCE

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Charge

1.D pleads guilty to trafficking in a dangerous drug.

Facts

2.In the afternoon of 20 July 2021, police officers laid ambush outside of Room 1616, Tip Ying House, Butterfly Estate, Tuen Mun (the “Flat”). At 5:36pm on the same day, Mr Lau (D’s father)  arrived at the Flat and unlocked the gate and door to the Flat. Police officers intercepted Mr Lau and entered into the Flat on the strength of a search warrant.

3.D was sleeping inside a bedroom of the Flat. Next to D’s bed was a desk. A small safe was found in the bookshelf cabinet of the desk. Inside the safe, there were 93 small re-sealable plastic bags containing solid (E1-93). Inside the desk drawer, 3 small electronic balances and 108 empty small re-sealable plastic bags were found.

4.D was thus arrested. Under caution at scene and in the presence of Mr Lau, D said that he owed people money and therefore sold drugs.

5.Government chemist subsequently confirmed that E1-93 were a total of 10.52g of solid containing 9.64g of cocaine. The estimated street value of E1-93 was HK$11,856.04.

6.In the subsequent video-recorded interview, under caution and in the presence of Mr Lau, D said:

(a)  He sold drugs because he owed someone HK$32,100;

(b)  E1-93 belonged to him, they were cocaine;

(c)  Someone gave him these cocaine 3 days ago; he then repackaged them into small packages to be sold at around $300 pack;

(d)  The buyers would knock on [his] door to purchase drugs;

(e)  He had been selling drugs for 2 months, he spent the proceeds of drug sales on living expenses and debt repayment;

(f)  The safe was used for storing drugs, while the electronic balances and empty small re-sealable bags were used for repackaging;

(g)  Only he and his father resided in the Flat; and

(h)  His father did not know about the drugs.

7.D was a CSSA recipient and used to receive HK$2,675 subsidy per month.

Mitigation

8.D is now 17 years of age.  He was 16 at the time of the offence.  He has a clear record.  His mother passed away in 2019.  He was devastated and lost interest in studying after F. 2.  He lives with his father, dependent on comprehensive social security assistance.  He has a gambling habit and thus accumulated a debt of $32,100.  He committed the present offence to repay it. He had been selling the other part of the drug 3 days before the time of the offence.  He spent the proceeds on living expenses and debt repayment.   

Sentencing considerations

9.Trafficking up to 10 grammes of cocaine warrants a prison term of up to 5 years (R v Lau Tak Ming [1990] 2 HKLR 370 and A.G. v Pedro Nel Rojas [1994] 2 HKCLR 69).  By mathematical calculation, the starting point here shall be about 57 months. 

Sentencing D

10.I shall take 57 months as the starting point for an adult offender.  I reduce it by 3 months due to his younger age.  The starting point is now 54 months.  After the one-third discount for his plea of guilty, the sentence is 36 months.