HKSAR v. Cheung Wai Kit, Ricky

DCCC 148/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 148 OF 2014

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Reasons for Sentence

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1.The defendant pleaded guilty to a charge of trafficking in 4.75 grammes of “Ice”. There is also a reference in the charge to other small quantities of different drugs, but the prosecution accept that those drugs were in the possession of the defendant for his own consumption.

2.Shortly after midnight on 8 December 2013, police officers intercepted the defendant outside a flat in Skyway Mansion on Portland Street, Mongkok.  The officers searched the defendant and found keys in his possession, one of which opened a room to the premises at Room 3 of the location where he was stopped by the police.

3.Inside the premises, on a tray placed on a table, the officers found the drugs which the defendant admits were for the purpose of trafficking, namely, 4.75 grammes of “Ice”.  A box also contained 0.47 grammes of “Ice”, 0.21 grammes of cocaine, and 0.01 gramme of ketamine.  A black bag was found and inside that, there were two transparent resealable plastic bags which each contained 40 resealable plastic bags.  There were two electronic scales, a plastic spoon and a scoop.  Three mobile phones and a wallet containing cash of $7,740 were also found on the table inside the room.     

4.Upon arrest, the defendant claimed that all the drugs were for his own self-consumption.  He said that he had purchased the drugs from two males in Sham Shui Po on 6 December, the day before the offence was committed.  He said he had paid a few thousand dollars for the drugs.  He said he had used the scales to work out the dosage for his own consumption.  He said he had been renting the room for about six months and was living there alone.  He said that the money found on him was his salary as a transportation worker.

5.The estimated street value of the drugs is just below HK$4,000, and it was accepted and admitted by the defence that the 4.75 grammes of “Ice” were for trafficking and the other drugs were for the defendant’s own consumption.

6.The defendant has appeared before the courts on 18 previous occasions for a variety of offences.  There are no drugs offences on his record.  But he has six convictions for possessions of Part I poison and on a number of occasions has been sent to the drug addiction treatment centre in respect of those offences.   

7.The defendant is single.  He is 44 years of age and he was educated to Form 3 standard.  He works as a transportation worker, earning approximately $250 a day.  He is a drug addict and has been abusing drugs for many years.  He consumes “Ice” and cocaine and has started to consume ketamine.  He was last sentenced to go to a drug addiction treatment centre in 2010.

8.For trafficking in the quantity of “Ice” which the defendant has admitted that he trafficked, the tariff laid down by the Court of Appeal is a sentence of 3 to 7 years for trafficking and up to 10 grammes.  I also take into account the other drugs which were found in the possession of the defendant.

9.I have decided to take as a starting point a sentence of 5 years’ imprisonment for this offence.  The defendant is entitled to credit for his guilty plea, the sentence will be reduced by one-third.  The defendant will go to prison for 3 years and 4 months.