HKSAR v. Kwok Ho Hin

DCCC 1127/2022

[2023] HKDC 1635

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1127 OF 2022

________________________

________________________

________________________

REASONS FOR SENTENCE

________________________

1.The Defendant (“D”)  pleaded guilty to a charge of trafficking dangerous drugs namely 28.1g of a solid containing 23.9g of cocaine.

2.As to Charge 2, that is possession of a dangerous drugs, namely 95.65g of cannabis in herbal form. I order the charge to be left in the Court’s file and not to be proceeded with without the leave of the Court.

Summary of facts

3.At around 0720 hours on 26 August 2022, police raided D’s residence in Sai Kung. Upon entry, D was found inside his bedroom.

4.Upon search, the followings were inside the room:

(a)  51 plastic bags containing a total of 16.5g of a solid containing 13.8g of cocaine next to the clothes rack of the Room.

(b)  36 plastic bags containing a total of 11.6g of a solid containing 10.1g of cocaine next to the clothes rack of the Room.

(c)  One electric scale.

(d)  Multiple small transparent plastic bags (not less than 300 bags).

5.The police arrested D. Under caution, D admitted ownership of the cocaine, some of which were for sale whereas some of which were for self-consumption.

6.In the subsequent video-recorded interview, D stated the following under caution:

(a)  He was paid by an unknown man at HK1,000 to repack cocaine into smaller packets.

Criminal record

7.The D has a clear record.

Background of the D

8.The D is 26 years old. At the time of his arrest, he worked in a hair salon earning about $15,000 per month. He contributed $3,000 to $5,000 per month to his father who has heart problem.

9.He committed the present offence due to the temptation to earn easy and quick money. The D is now remorseful for his misdeed.

Sentence

10.The sentencing guideline for trafficking of heroin can be found in R v Lau Tak Ming and Others [1990] 2 HKLR 370. It is confirmed in HKSAR v Abdallah [2009] 2 HKLRD 437 that sentencing guideline is also applicable for trafficking of cocaine.

11.As the narcotic content of the present case is 23.9g of cocaine, it falls in the sentencing bracket of 5 to 8 years.

12.As such, the starting point is 6 years. Given 1/3 discount, it comes down to 4 years.

13.In mitigation, the defence asks for further deduction of sentence as the D is still at a young age of 26 years old.

14.I disagree.

15.As this will give a wrong message to the syndicate who were behind the D a wrong message that for the young ones, the old ones and the disable persons that they will receive further deduction of sentence.

16.There is nothing further to justify further reduction of the sentence, the D is ordered to serve a period of 4 years’ imprisonment.