HKSAR v. Wong Pan Fei

DCCC 782/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 782 OF 2014

____________

____________

REASONS FOR SENTENCE

1.Wong Pan Fei on the 24 October you pleaded guilty to one charge of trafficking in 9.10 grammes of a crystalline solid containing 8.91 grammes of methamphetamine hydrochloride (“ice”), contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2.In summary around 5:30 p.m. on the 27 May this year the police were conducting an anti–drugs operation when they intercepted you inside an amusement game centre in Tsuen Wan.  Upon search of your bag the police found an MP3 inside which was a re-sealable transparent plastic bag containing three plastic bags of ice.  You told the police that the drugs were given to you by Ah Kwai and that you were waiting for his call for further delivery instructions. Under caution you said that you delivered drugs for someone because you had no money.

3.In passing sentence I have carefully considered everything said on your behalf by Ms Kam together with your mitigation letter.  I take into account that you have no convictions for drug offences.

4.In HKSAR v Tam Yi Chun [2014] 3 HKLRD 691 the Court of Appeal revised the guidelines for trafficking in ice.  Where the quantity of narcotic is up to 10 grammes sentence upon conviction after trial is between 3 and 7 years imprisonment. 

5.Taking into account you have no convictions for trafficking in drugs I am satisfied the proper starting point after trial for 8.91 grammes of ice is 6 years and 6 months imprisonment. 

Own use

6.On the 24 October in mitigation Mr So said that part of the ice was for your own consumption.  Having taking your further instructions this was quantified as one of the three bags found in the MP3.   This being inconsistent with what you told the police upon arrest, namely that the drugs were for delivery, I indicated in court that I did not accept part of the drugs was for your own use. 

7.Mr So having indicated that you wished to give evidence in support that part of the ice was for your own consumption discussion then took place as to what witnesses were required to be called to determine this issue.

8.Further matters then arose resulting in Mr So applying to court to be discharged from representing you.  In consequence Legal Aid has instructed new solicitors to represent you.  Ms Kam representing you today informs the court that you withdraw your mitigation that part of the ice was for your own consumption. You have also confirmed this in court.

9.Although as a result there has been some delay in the proceedings necessitating an extra court hearing I am satisfied having pleaded guilty you are still entitled to full credit for that plea.  Giving you full credit for pleading guilty you are convicted and sentenced to 4 years and 4 months imprisonment.