HKSAR v. Lai Kwok Wing

Read the full judgment text of HCCC 133/2022 on BabelCite. This High Court CFI judgment was delivered on 28 October 2022.

Case No.HCCC 133/2022[2022] HKCFI 3633
Court
High Court CFI
Date28 Oct 2022
Judge
Case Document
100%Judiciary

HCCC 133/2022

[2022] HKCFI 3633

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 133 OF 2022

________________________

  HKSAR  
  v  
  Lai Kwok-wing  

________________________

Before:  Hon Andrew Chan J
Date:  28 October 2022 at 9.39 am
Present:  Mr Ng Wing-kit, SPP of the Department of Justice, for HKSAR
  Mr Leung Lai-yin Michael, instructed by Benjamin Au & Billy Chan, assigned by DLA, for the accused
Offence:   Trafficking in dangerous drugs (販運危險藥物)

________________________

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

________________________

COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug in the Magistrates’ Court and is committed to this court for sentence. Summary of Facts reveals the following.

In the evening on 17 March 2021, the defendant was intercepted by police officers outside a garage after alighting from a private car. The police then moved forward and intercepted the defendant.

Inside the car, police officers found: (i)  70 plastic bags containing 35.3 grammes of ketamine; and (ii)  18 plastic bags containing 121 grammes of methamphetamine hydrochloride.

The defendant was then arrested. Under caution, the defendant said that as he was heavily in debt, he decided to resort to deliver dangerous drugs for drug syndicates. He also stated that he would receive cash for each delivery.

The defendant is now 36. Prior to his arrest, he was a driver making $15,000 each month. He has a clear criminal record.

A number of mitigation letters have been furnished to this court from friends and family members, and I have read them all. Understandably, they all plead for leniency from this court. I understand their request, however, I am bound by the guidelines set by the Court of Appeal. In any event, personal circumstances pale into insignificance in an offence as serious as the present one faced by the defendant.

Starting point for trafficking in 35.3 grammes of ketamine and 121 grammes of ‘Ice’ is one of 136 months’ imprisonment under the ratio test (lowest starting point amongst the three tests). The present case involves not just one but two dangerous drugs, an additional 2 months will be added. A full one-third discount will be given for the defendant’s earliest plea.

In conclusion, for the sole offence that the defendant stands convicted, he is therefore sentenced to an imprisonment term of 92 months.