HKSAR v. So Kwok Fai

DCCC 1028/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1028 OF 2013

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2.You have admitted that on 23 August 2013 on the Ground Floor staircase of Tung Wong House, Tai Hang Tung Estate, Sham Shui Po, you trafficked in 6.66 grammes of a crystalline solid containing 6.27 grammes of methamphetamine hydrochloride, otherwise known as “Ice”. 

3.On the day in question at about 8.53 pm you were intercepted by a police officer at the Ground Floor staircase of Tung Wong House.  They found in your right front pocket of your shorts the drugs in the charge which were contained in a paper box and wrapped up in a tissue in a plastic bag.

4.You were arrested and under caution you admitted that the drugs were “Ice” and that you were delivering them for someone for a reward of $200.

5.At the time of arrest you had with you cash of $2,720, and the police estimated the street value of the drugs were about $4,422.

6.You admitted under further caution in a video-recorded interview that a person by the name of Ah Shui had instructed you to collect the drugs and deliver them for and on his behalf to someone else and then he would reward you in the sum of $200 for the delivery.

7.Defendant, you are 32 years of age and you have five previous convictions on three appearances in court.  Three of those convictions are related to drugs, all of which are for possession of dangerous drugs.  Your last conviction was in 2010 for which you were sentenced to the drug addiction treatment centre and were discharged from there on 3 July 2012, approximately one year before the commission of this offence. 

8.Your solicitor, Mr Simon Kwok, has mitigated fully and thoroughly on your behalf.  He has informed the court that you committed this offence as you wanted to assist your family as there were some financial constraints.  Shortly before this offence, your mother had broken her leg and was not working. Your elder sister had separated from her husband and moved into your premises with your mother and you, and her husband was neglecting in supporting herself and her children. 

9.In the belief that by trafficking drugs it would lessen the financial burden of the family, you therefore committed this offence.   You realize now that this was a stupid way to lessen the financial burden and, more particularly, I would say, for such a minimal amount of some $200 for the delivery.  

10.Mr Kwok has pointed out correctly that your strongest mitigating factor is your guilty plea.  Defendant, quite appropriately, Mr Kwok has also mentioned the tariff case of The Attorney General v Ching Kwok Hung whereby the court laid down tariffs for sentencing in the trafficking of the dangerous drug “Ice”. 

11.Defendant in those tariffs laid down for up to 10 grammes of “Ice”, the court pointed out that a starting point of between 3 and 7 years’ imprisonment was appropriate after trial.  Defendant, you had trafficked in 6.27 grammes of “Ice”, that falls in the upper bracket of that sentence.

12.Had I convicted you after trial, defendant, I would have imposed a sentence of 5 years and 3 months’ imprisonment.  Giving you full credit for your plea of guilty, that term shall be reduced to one of 3 years and 6 months’ imprisonment which allows for a discount of one-third for your plea.