HKSAR v. Ma Shui Wing

Case No.DCCC 1230/2008

Court

District Court

Date17 Apr 2009

Judge—

Case Document

100%

DCCC1230/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1230 OF 2008

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	HKSAR
	v.
	MA SHUI WING

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Before:

Deputy District Judge M. Chow

Date:

17 April 2009 at 10.20 am

Present:

Mr Winston Chan, SPP of the Department of Justice, for HKSAR
Mr Tse Tak-yan, Paul instructed by Messrs M.C.A. Lai & Co, assigned by the Legal Aid Department, for the Defendant

Offence:

Trafficking in a Dangerous Drug (販運危險藥物)

Reasons for Sentence

1.The defendant pleaded guilty to a charge of trafficking dangerous drugs, namely a quantity of 22.8 grammes of a solid containing 17.21 grammes of Cocaine.

2.The summary of facts revealed that the defendant was stopped by the police and, upon a body search, a plastic bag was found hidden underneath his underpants. Inside the plastic bag it was found a further 68 tiny packets containing the drugs in the present offence.

3.The defendant was arrested and under caution he said that the ‘coke’ did not belong to him. He was told to bring the drugs to another person.

4.In respect of his criminal record, it was admitted that he has 26 previous convictions of different nature of offences. None of them related to the present offence.

5.In mitigation I was told that the defendant is now 32; married; has a very young son; his wife is in court today. He was previously employed as a lorry attendant making a monthly salary of $10,000. He is now remorseful for his wrongdoing and realises the consequence of his wrong doing will separate him from his family for a period of time. He is determined to turn a new leaf.

6.Mr Tse has done the best that he can in the present circumstances in his mitigation for the Defendant and the most powerful mitigating factor is his guilty plea. Mr Tse agrees that the sentencing guideline for this quantity of drugs attracts a sentence of at least 5 years and he has tried very hard to persuade me to adopt a starting point of 5 years. But for the quantity involved in the present case, 17.21 grammes of Cocaine, no doubt it falls into the sentencing bracket of 5 to 8 years.

7.Cocaine is one of the most harmful and serious hard drugs. The court in Hong Kong takes a very serious and firm view in passing sentence of this kind of offence in order to send to the public a message that a sentence of deterrence and punishment is necessary.

8.Having considered all the mitigating factors before me and the quantity of drugs involved, I adopt a starting point of 5½ years, giving one third discount to reflect the defendant’s guilty plea, it comes to 44 months.

M. Chow
Deputy District Judge