HKSAR v. Chan Chi Hin

DCCC 1328/2023

[2024] HKDC 2038

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1328 OF 2023

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REASONS FOR SENTENCE

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1.The Defendant is convicted on his own plea for a charge of trafficking in a dangerous drug.

Summary of facts

2.The Defendant and his elder brother (PW1)  lived in the same flat.

3.At about 5:40 pm on 10 June 2023, PW1 found a blue envelope sealed by plastic bag inside their letter box. PW1 put the blue envelope into his backpack and went on to work.

4.PW1 found it strange when the Defendant called and visited his workplace to find out if PW1 had taken the envelope in question. Subsequently, PW1 opened the envelope and found the drugs inside.

5.PW1 made a report to the police.

6.The Defendant was arrested for an offence of trafficking in a dangerous drug. Under caution, he said that:-

(a)  He met a girl in Lan Kwai Fong and was asked to take the blue envelope to put it into the letter box for $1,000.

(b)  The blue envelope would be collected by another person and the money would be placed inside the letter box for him.

(c)  He put the envelope into the letter box and provided a key to that girl.

7.CCTV footage showed at about 6:36 pm on 10. June 2023, a male unlocked and searched the letter box, but he did not take anything from the letter box. He then left in a haste.

8.The estimated street value of the drugs was HK$26,799.20.

Background / Mitigation

9.The Defendant is 19 years old with a clear record. He previously worked as a leaflet distributor for HK$3,000 to HK$4,000 per month and he was a part-time cleaner as well. He lives with his parents and his older brother.

10.His brother wrote a letter to inform me that the Defendant committed the present offense due to financial hardship in his family as their father has retired and their mother works as a clearer to support the family. The Defendant is now very remorseful; nonetheless, the family will provide full support to him to reform.

11.In the Defendant’s letter to this Court today, the Defendant said that he realizes what he did was wrong. He does not have negative feels towards his brother; otherwise, he may get into deeper trouble in this very evil world of drugs. He will move on to get a decent job after his release from prison. 

Sentence

12.According to the sentencing guidelines of Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1 that trafficking in a narcotic content of 48.2 g of Ketamine attracts a sentence of 5 years 11 months.

13.I notice that the Defendant is now 19 years old. The defence accepted that trafficking in dangerous drugs is an excepted offense and I am not obliged to call for pre-sentencing report. I refer to s.109A of the Criminal Procedure Ordinance Cap 221.

14.In the present circumstances, I accepted that the Defendant was acting as a conduit to pass on the blue envelope along the line.

15.To this end, since the Defendant has pleaded guilty to the charge, he is entitled to ¹/₃ discount, the sentence comes down to 47.4 months. I round down to 47 months. That is 3 years and 11 months.

16.The Defendant is ordered to serve a sentence for a period of 3 years and 11 months.