HKSAR v. Wong Cheuk Fei

DCCC 474/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 474OF 2008

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Reasons for Sentence

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Charges and facts

1.In late evening of 28 February 2008, the police intercepted the defendant at the carpark of a public estate in Sau Mau Ping, Kwun Tong.  He possessed a bag containing 10.95 g of a solid containing 9.65 g of cocaine.  Under caution he admitted it was for repackaging and resale (1^st Charge: Trafficking in a dangerous drug).

2.A few hours later, on 29 February 2008, he took the police to his private car at the carpark.  The police found a packet containing 0.11 g of a powder containing 0.08 g of cocaine on board.  Under caution he admitted it was for his own consumption (2^nd Charge: Possession of a dangerous drug).

3.On 5 June 2008, he was granted bail at the Magistrates’ Court for his next hearing fixed for 20 June 2008 at the District Court.  On 20 June 2008, he failed to turn up at the District Court hearing (3^rd Charge: Failing to surrender to custody without reasonable cause).  When arrested 4 years and 4 months later, on 17 October 2012, he claimed that he had failed to turn up at the hearing as he had believed his case should be tried in the Magistrates’ Court and not the District Court.     

Sentence

4.Based on the facts of the case and all his mitigating factors, I sentence him to 3 years and 1 month (ie 37 months) for the 1^st Charge, 8 months for the 2^nd Charge and 4 months for the 3^rd Charge.  The 1^st and the 3^rd Charges shall be consecutive to each other whereas the 2^nd Charge shall be concurrent with them.   The eventual sentence is 3 years and 5 months (ie 41 months). 

Please refer to CACC499/2012 for the relevant appeal(s) to the Court of Appeal.