HKSAR v. Ho Kai Wah

DCCC 735/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 735 OF 2010

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REASONS FOR SENTENCE

1.The defendant pleads guilty to one charge of trafficking in 9.51 grammes of a crystalline solid containing 9.15 grammes of methamphetamine hydrochloride (“ice”), contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2.Full particulars of the offence are set out in the summary of facts admitted by the defendant.  Briefly in the evening of the 19th April this year the defendant sold the ice to an undercover police officer.

3.The Court of Appeal in Attorney General v CHING Kwok-hung [1991] 2 HKLR 125 laid down guidelines for trafficking in ice.  Where the quantity of narcotic is up to 12 grammes sentence upon conviction after trial is between 3 and 7 years imprisonment.  In HKSAR v CAPITANIA Edwin F. CACC 28/2004 the Court of Appeal accepted that the reference to 12 grammes was a typographical mistake and should read 10 grammes.  9.15 grammes of ice place this towards the top end of that range.

4.In passing sentence I have carefully considered everything said on behalf of the defendant by Mr Chui, including the circumstances which led the defendant to first become involved with dangerous drugs last year.  I take into account the defendant has a young family.  I note the defendant has no similar convictions for trafficking in a dangerous drug. 

5.I am satisfied in the circumstances of this case the proper starting point after trial for 9.15 grammes of ice is 6 years and 6 months imprisonment.  Giving the defendant full credit for his plea of guilty he is sentenced to 4 years and 4 months imprisonment.