HKSAR v. Bredbury Cai Taylor

DCCC 1230/2024

[2026] HKDC 1239

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1230 OF 2024

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REASONS FOR SENTENCE

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Charges

1.The defendant pleads guilty to Charge 1 and Charge 2, both counts relate to trafficking in a dangerous drug, i.e. herbal cannabis.  Charge 1 is for 500 grammes of herbal cannabis and Charge 2 is for 18,278.2 grammes of herbal cannabis. 

Facts

2.On 16 February 2024, the police laid ambush in the vicinity of a building at Leighton Road, Causeway Bay. 

3.Around 3:33 pm, the defendant was seen leaving his flat on the 4^th floor of the building.  He took the lift downstairs.  When he stepped out of the lobby, police officers intercepted him and brought him back to the lobby for a search.  They found 500 grammes of herbal cannabis in a paper bag in his backpack.  The defendant was also carrying two mobile phones with him. 

4.The defendant was escorted back to his flat on the 4^th floor. A domestic helper opened the door.  There were no others. 

5.Inside the premises, police officers found a total of 18,278.2 grammes of herbal cannabis (see paragraph 6 of the Summary of Facts).  They also found in the defendant’s bedroom $57,000, two electronic scales, two sealing machines, numerous resealable plastic bags, some gloves and a tray. 

6.CCTV footage of the building show that on the previous day, i.e. 15 February 2024, the defendant carried into the building three boxes resembling some of those now found in his premises containing cannabis.  He then left the flat but subsequently returned with an unknown male.  That male later left. 

7.The estimated street value of all the herbal cannabis found was around $3.6 million. 

Record

8.The defendant was born in May 2004.  He was not yet 20 when he was arrested in February 2024. 

9.In December 2021, when defendant was still 17, he was bound over in the magistracy for 24 months in the sum of $2,000 for two counts of possession of dangerous drugs. 

Mitigation

10.The defendant is a Hong Kong resident and a national of New Zealand. His father was born in Hong Kong and his mother was from New Zealand.  Counsel says the defendant’s paternal family has deep roots in Hong Kong. 

11.Counsel says the defendant has learning difficulties, including dyslexia.  He left school after Grade 10.  Since then, he has been helping in his parent’s business. 

12.Counsel says the defendant has been suffering from depression and attention deficit disorder.  He was impulsive, easily excited and sometimes rushed to decisions. 

13.Counsel says the cannabis in question was mainly in unopened boxes and some were in plastic bags. 

14.Counsel says the defendant met a person called Z in late 2022.  The two became close.  When Z knew the defendant’s parents were away from Hong Kong, he convinced the defendant to pick up boxes of cannabis for him and to store them for him for a reward.  The defendant naively agreed under the misconception that cannabis was not a serious dangerous drug.  He picked up some packages for Z, earning about $8,000 for each box.  Later on, Z asked the defendant to prepare the cannabis in sealed bags for delivery.  The defendant foolishly agreed.  Eventually he was arrested on 16 February 2024. 

15.Counsel says the defendant fell on his own folly and Z’s reassurance.  He is deeply remorseful now.  

16.Counsel submits mitigation letters from the defendant, his parents, a family friend, and Father Wotherspoon.  Father Wotherspoon runs an NGO called Voice for Prisoners.  He said the defendant has helped in his campaign by submitting his own story for local and internet use, serving as a warning to others from being lured into drug trafficking. 

17.Counsel mentioned several cases including HKSAR v Nguyen Thang Loi [2023] 1 HKLRD 1329. 

Sentence

18.Charge 1 relates to trafficking in 500 grammes of herbal cannabis. Charge 2 is for 18,278.2 grammes. 

19.The Court of Appeal in Nguyen Thang Loi has revised the guidelines for trafficking in cannabis.  There is expert evidence that the levels of the harmful ingredient THC in herbal cannabis and cannabis resin are more or less the same.  Under the new guidelines, trafficking in under 2,000 grammes of either category is up to 16 months’ imprisonment and trafficking in between 15,000 grammes and 45,000 grammes is 66 months to 96 months’ imprisonment.  The calculated starting point for Charge 1 would then be 5 months and for Charge 2, it is 69 months. 

20.There is special mitigation in this case.  The total discount to be given to the defendant for his timely plea and the special mitigation is 40 per cent on each count, which has included the usual one-third discount for his timely plea. 

21.The final sentence for Charge 1 is thus 3 months’ imprisonment.  For Charge 2, after rounding down to complete months, it is 41 months.  I will give the defendant a further 2 months’ discount for his contribution to Father Wotherspoon’s anti-drugs campaign.  The final sentence for Charge 2 is 39 months’ imprisonment. 

22.The cannabis in both charges should be regarded as one whole lot.  The two terms of imprisonment can run concurrently.