HKSAR v. Choi Tsz Wai

DCCC1037/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1037 OF 2008

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Before:   Deputy District Judge Tallentire

Date:  31 March 2009 at 9.54 am

Offence:  Trafficking in a dangerous drug (販運危險藥物)

Reasons for Sentence  

1.Defendant, you pleaded guilty to two offences of trafficking in dangerous drugs, each contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.

2.The facts were as follows.  At about 10.20 pm on the day in question, which was 25 July of last year, PC34953 saw you come out of Room 505, Lai Lim House, Lai On Estate, Sham Shui Po, go to the lift lobby and look around before returning to Room 505.  At 10.43 you re-emerged and PW1 intercepted you.  You were taken inside and searched.  A clear plastic bag containing white powder was found in your left-hand trousers pocket.  Under caution, you admitted it was ketamine.

3.PC33074, PW2, then searched your bedroom, and found, inter alia,

1.   a large resealable plastic bag containing white power;

2.   an electronic scale;

3.   five small resealable plastic bags containing white powder;

4.   a box containing 20 small resealable plastic bags of white powder; and

5.   a plastic bag containing 99 resealable plastic bags.

4.You admitted that the ketamine and coke belonged to you.  In interview, you admitted the 20 small plastic bags of white powder were cocaine bought for $20,000 and the rest of the white powder was ketamine, bought for $13,000.

5.Subsequent analysis revealed that, first of all, the plastic bag found in your pocket contained 28.55 grammes of powder and 3.62 grammes of ketamine.  By that I mean that 3.62 grammes of  the 28.55 grammes of powder were in fact ketamine.  Those drugs are the subject of Charge 1.

6.Secondly, the six resealable bags found in your bedroom contained 32.64 grammes of powder, 6.22 grammes of which were ketamine, and the 20 small resealable bags contained 5.41 grammes of a solid, 4.07 grammes of which were cocaine.

7.You admitted to one previous conviction, which was for a minor matter, although that too related to unlawful substances. 

8.I called for and considered the Probation Officer’s Background Report prior to sentence.  That report is extremely detailed and very, very helpful indeed.

9.The report paints a rather bleak picture of your life, development and upbringing.  In your favour, you were entirely honest about your dealings in drugs with the probation officer.

10.On your behalf, Mr Chan entered mitigation.  He stressed your remorse and determination to abstain from drugs in the future.  He told me that the reason you sold drugs was to finance your own addiction.  He too stressed your difficult upbringing and strained relationships within the family, especially with your father.  I am told now that the relationship with your father is much improved, and that is a positive development in your life.  I noted also the presence of members of your family in court today to offer their support to you in this time of crisis.  He stressed your relative youth, your light criminal record, and your plea of guilty. 

11.The thrust of his mitigation was to ask for leniency.  However, these are serious offences.  Trafficking in dangerous drugs is a very wicked enterprise.  These offences are subjected to tariffs.  However, tariffs are not strait-jackets but merely for guidance. 

12.In deciding sentence I took into account all that was said in mitigation and the contents of the Background Report.  I noted your light criminal record and your relative youth.  I noted also that you were co-operative and straightforward with the police, the Probation Officer and now with the court.  All these factors were taken into account.

13.Would you stand up, please.  On the 1st charge, I take as a starting point 2 years’ imprisonment, reduced to 16 months for your plea of guilty.  You will go to prison for 16 months.

14.The 2nd charge is the more serious charge involving as it does both ketamine and cocaine, both in significant quantities.  On that charge, I took as a starting point 5 years’ imprisonment.  You are entitled to and receive a discount of one-third.  That leave 40 months’ imprisonment.  You will go to prison for 40 months.

15.However, as an act of mercy and applying the principle of totality, both of these periods will be served concurrently.  That is a total of 40 months’ imprisonment.