HKSAR v. Choi Kwok Fai

DCCC1337/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1337 OF 2010

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a single charge of trafficking in dangerous drugs contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance Cap.134. You admitted the brief facts and I convicted you. The brief facts are these.

2.On 10 October 2010 at about 0215 hours PC51872, PW1, and other officers attended the bar K-9 at 20th Floor, The Lamma Tower, 12-12A Hau Fook Street, Tsim Sha Tsui.  At about 0220 hours PW1 saw you sitting next to a bench at reception.  You looked nervous and put your left hand over the left pocket of your jacket.  PW1 approached you and revealed his ID and searched you and found in the left pocket of your jacket 23, 9 and 4 plastic packets of suspected dangerous drugs being Exhibit 1. 

3.You admitted they contained cocaine and ketamine which you were going to sell.  Arrested and cautioned you repeated your admission and asked for a chance.  A later analysis showed the 23 bags to contain 6.01 grammes of a solid containing 3.62 grammes of cocaine; the 9 plastic bags 2.42 grammes of a solid containing 2.33 grammes of cocaine, the 4 plastic bags 3.23 grammes of a powder containing 1.71 grammes of ketamine. 

4.You possess Exhibit 1 for the purpose of trafficking.  You had with you $39.  The estimated street value of all the dangerous drugs is about $8,400. 

5.You are of hitherto clear record.  In view of that clear record and your age I adjourned for a Probation Officer’s Background Report which is now before me and I have taken that fully into account when deciding sentence. 

6.On your behalf Mr Kan entered mitigation.  He told me that you accepted the contents of the Probation Officer’s Background Report.  He indicated that your father and cousins were present in court.  On your behalf he submitted a letter from yourself and one from your mother.  In mitigation he pointed to your youth of only 18, that you came from a broken family and that you had been led astray by older boys.  He asked for leniency and pointed out your remorse and co-operation with the police. 

7.I turn now to the sentence.  This case involves trafficking in 5.95 grammes of cocaine and 1.71 grammes of ketamine.  This places the range of sentence being at 2 to 5 years’ imprisonment.  Whilst I note your youth and clear record, these are for little by way of mitigation for this type of offence.  Trafficking in dangerous drugs is both serious and widespread.  In your favour, I do note the positive content of the Probation Officer’s Background Report, the support you enjoy of your family, your remorse and your co-operation. 

8.In accordance with my usual practice I combine the drugs together for the purpose of sentence.  Being as lenient as I can with you given the serious nature of this charge, I take as a starting point 39 months’ imprisonment, 3 years 3 months, reduced to 26 months for your plea of guilty.  Therefore your sentence is 26 months’ imprisonment.