HKSAR v. Kwok Wai Shing

DCCC 661/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 661 OF 2013

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Reasons for Sentence

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1.The defendant has pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

2.The particulars of the offence are that on 18 April 2013 in Yuen Long, the defendant was arrested for trafficking in a dangerous drug, namely, 0.62 grammes of a powder containing 0.49 grammes of cocaine and 16.06 grammes of a solid containing 12.69 grammes of cocaine.

3.On that day in the early evening, the defendant was intercepted by police officers on an anti-dangerous-drug operation in that area of Yuen Long.  The defendant was stopped and searched and on the defendant the police found a quantity of dangerous drugs later determined to be cocaine. The defendant admitted at the scene that the powder and solid was cocaine and that he was delivering the drugs.

4.He later made a full admission under caution in a video recorded interview.

5.He told the police that he had met a male in an Internet café and that the defendant had told this male in conversation that he was unemployed.  The defendant gave this man his mobile telephone number.  The next day, that male called the defendant.  He asked the defendant to deliver cocaine for a $350 reward.  He had to pick up the drugs from Ping Shan and he was to go to a bus stop in Shui Pin Tsuen and wait for a phone call and it was at this bus stop that the police intercepted him.

6.The defendant has pleaded guilty and his best mitigation today is that plea.

7.He had previously a clear record.

8.I have heard all that can be said on his behalf in mitigation.

9.The defendant is only 24 years old.  I have heard he left school when he was 16 to support himself and his mother because his father had left them when he was 16 and for years he had steady employment in a pharmacy.  He had an income and ultimately a girlfriend who gave birth four months ago to a child, their child.

10.Prior to his arrest, they all lived together and that included the defendant’s mother, but before his child was born, he lost his job because the shop he was working in closed down.  The defendant then found himself saddled with debt, a girlfriend who was pregnant and no income.  He then, out of desperation, agreed to deliver drugs for a paltry sum of $350.

11.I have letters from the defendant, his mother and his girlfriend.  They are here today to support the defendant.

12.The defendant is remorseful, accepts responsibility for his actions and his family say that he is a good father and son, and because he was a responsible person he stupidly agreed to deliver dangerous drugs to make some money.

13.There are guidelines for trafficking cocaine and I have to follow the guidelines set out in R v Lau Tak Ming [1992] HKLR 370 and in that authority, where the Court of Appeal said that where between 10 to 50 grammes of cocaine or drugs is trafficked, that will attract a 5- to 8-year term of imprisonment.

14.Guidelines are there to be adhered to, but I do consider the defendant’s mitigation, his background, his responsibilities and particularly his previous clear record.

15.Defendant, please stand up.

16.After considering all those relevant factors, I will take a starting point of 4 years’ imprisonment.

17.You pleaded guilty and now you are entitled to a discount of one-third for your plea.  For this offence, you are sentenced to 2 years and 8 months.