HKSAR v. Ip Chi Kwong

DCCC294/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 294 OF 2010

----------------------

----------------------

---------------------

Reasons for Sentence

---------------------

1.The defendant has pleaded guilty to a charge of trafficking in dangerous drugs.

2.The particulars of the offence are that on 20 January 2010 at the 7-Eleven Convenience Store in Choi Wan Estate, Wong Tai Sin, Kowloon, unlawfully trafficked in 6.47 grammes of methamphetamine hydrochloride.

3.The facts admitted by the defendant disclose that at 1.45 am on 20 January, police officers intercepted the defendant near the 7-Eleven Convenience Store. The drugs, the subject of the charge, were found in two plastic bags in his left trousers pocket.

4.When arrested and cautioned, the defendant said that somebody called “Ah Kin” had asked him to bring those two bags of “Ice” to the 7-Eleven Store and he would be paid $400 afterwards. He said that he was in debt, owed people money and so that was why he agreed to help Ah Kin to bring the “Ice” there.

5.The defendant does not have a clear record. However, I note that the two matters recorded on his record were 98 and 99 for which he was placed on probation and they were not drug related offences.

6.The defendant is 25 years of age. He was educated to Form 3 standard. He has a father who is aged 70 and an elder sister. Until two months ago, he was working as a transportation worker earning $8,500 per month, but the firm for whom he worked closed down. It was in those circumstances that the defendant became indebted to debt collectors and he was being pressed for repayment of monies that he owed.

7.In mitigation, it was urged upon me that the defendant is remorseful about his involvement in this matter and he was not the mastermind, he was only receiving some $400 for his part.

8.The defendant submitted a letter to the court in which he said whilst he was detained in Lai Chi Kok he thought about this matter and he is remorseful for his involvement in the matter. He said he was threatened by debt collectors.

9.I note that for trafficking in “Ice” for up to 10 grammes, the sentence is from 3 to 7 years’ imprisonment. The quantity of drugs in this case is 6.47 grammes.

10.Having considered the facts of the case and the mitigation entered, I have decided that the appropriate starting point in this case is one of 5 years’ imprisonment, and the defendant is entitled to a reduction of one-third of that sentence to reflect his guilty plea. The defendant will therefore go to prison for 40 months; 4-0 months.