HKSAR v. Ho Chun Wah

DCCC 101/2023

[2024] HKDC 19

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 101 OF 2023

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REASONS FOR SENTENCE

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1.Mr Ho pleads guilty to one charge of trafficking in dangerous drugs. He admits, inter alia, that at the material date, time and location, he was intercepted and searched by police, and the dangerous drugs were found. He further admitted those dangerous drugs was in his possession for trafficking according to the Summary of Facts.

2.I had read the skeleton mitigation submission that was prepared by Ms Stephanie Ko, counsel for Mr Ho.  I agree that despite the charge involves two kinds of dangerous drugs, namely, cocaine and ketamine, the amount of ketamine is so irrelevant that I should ignore it when I sentence Mr Ho.

3.According to the authorities, the starting point of trafficking 8.15 grammes of cocaine is 53 months’ imprisonment, ie 4 years and 5 months.  Mr Ho pleaded guilty at the earliest opportunity and I will grant him one-third discount.  Other than that he has no other mitigating factors.  His sentence is reduced to 35 months’ imprisonment.

4.I also accept Ms Ko’s submission that part of the dangerous drugs is for Mr Ho’s own consumption for he bears criminal records for possession of dangerous drugs, and the urine test conducted by CSD shows positive result in cocaine and ketamine.  So I further reduce 4 months accordingly, and I sentence Mr Ho, 31 months’ imprisonment in total.