HKSAR v. Wong Chung Yin

DCCC729/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 729 OF 2011

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Reasons for Sentence

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1.The defendant pleaded guilty to a charge of trafficking in dangerous drugs, namely 20.64 grammes of a solid containing 13.82 grams of cocaine.

Facts

2.At about 1.18 am on 13 May 2011, the police saw the defendant got off from a vehicle at How Ming Street and went to the rear staircase of an industrial building, where he picked up an item from the ground floor. He put the item into his jeans pocket.

3.The police intercepted him and found the cocaine from his jeans pocket. Under caution, the defendant said that he bought the cocaine from a dealer in Yuen Long for $12,000, and he was going to share the cocaine with his five friends, as each of them had paid him $2,000 each.

4.The defendant had three mobile phones and $8,130 in his possession. The street value of the cocaine was about $27,000.

Records

5.The defendant had two previous convictions in 2008 and 2009.  They were AOABH and common assault.

Mitigation

6.In mitigation, I am told the defendant is single, 20 year old.  Before the arrest, he was an electrical technician, and earned about $10,000.  He contributed $4,000 per month to his family.  He said in his letter that he was now very regretful and wished to turn over a new leaf in the future.

Sentence

7.At the time of the arrest, the defendant said that he and his five friends all contributed $2,000 each to buy the cocaine for consumption in Yuen Long.  That came up to $12,000 for the package of the drug. He said that part of the drug was for his own consumption.  He bought the cocaine in Yuen Long and came to Kwun Tong to pick it up and returned it to Yuen Long.  So about one-sixth of the drugs was for his own use, and that is about 2.3 grammes, so each of them should have an equal share of about 2.3 grammes.

8.However, looking at the package of the cocaine, it was in one package.  It still needed to be divided into small packaging if what the defendant said was true.  

9.When he was arrested he had $8,130 on him.  If each of his friends had paid him $2,000 for the cocaine, he should have $10,000 at least, not to mention his own share.  The $2,000 was still a lot of money for the defendant as he only made $10,000 per month.  After contributing $4,000 to his family, he only had $6,000 left.  The defendant simply does not have the financial ability to purchase the cocaine.  The street value of the cocaine was about $27,000.  While the defendant said it was $12,000, it was substantially lower than the market value.

10.To this end, I reject the defendant’s assertion that the cocaine in question was partly for his consumption.

11.The sentencing guideline for trafficking cocaine is aligned to the guideline for trafficking in heroin as set down in Lau Tak Ming [1990] 2  HKLR 370.

12.The quantity in the present case involved was 13.82 grammes of cocaine. It falls into the sentencing bracket of 5 to 8 years.

13.Taking into account of all the mitigating factors, I adopt a starting point of 5 years and 3 months.  I reduce the sentence to 41 months, and that is 3 years and 5 months.