HKSAR v. Kwok Mei Ki, Maggie

HCCC 49/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 49 OF 2014

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: Defendant, you were charged with an offence of trafficking in a dangerous drug, contrary to section (4)(1) and (3) of the Dangerous Drugs Ordinance.

You were charged in that on 17 September 2013 outside Wing Ka House, Fuk Loi Estate, Hoi Pa Street, Tsuen Wan, New Territories, you unlawfully trafficked in a dangerous drug, namely 13.54 grammes of a crystalline solid containing 13.11 grammes of methamphetamine hydrochloride, otherwise known as “Ice”.

At the beginning of trial you pleaded guilty to possession of the dangerous drug for your own consumption. That plea was not accepted by the prosecution. The charge of trafficking in dangerous drugs was proceeded with at trial.

After trial, the jury found you not guilty on the charge of trafficking in dangerous drugs and guilty of unlawful possession of the dangerous drug.

On that day in question, you were intercepted by police officers at Fuk Loi Estate and held in your hand was a packet of drugs. At the trial you had said that you went there to purchase the drugs which were to be for your own consumption as you were drug dependent on the drug “Ice”. After purchasing the drugs you were waiting to go home and that is when you were intercepted. You had purchased the drug for an amount of 2,500 which would have lasted you, approximately one month.

Prior to sentencing you, defendant, I called for a Drug Addiction Treatment Centre report. The medical officer is of the opinion that you are no longer drug dependent and, therefore, not suitable for admission to DATC.

I note you have been remanded for over a year and also been recalled to DATC since and, therefore, the medical officer is of the opinion you are no longer drug dependent.

You are 37 years of age. You have 21 previous convictions, most are theft-related. You have been sentenced to DATC twice, that is in 2004 and 2009. You have one similar conviction to possession of dangerous drugs which was in 2002.

Your counsel, Mr Albert Luk, has mitigated fully on your behalf on the last occasion and, again, before me today. I have taken into account all that he has had to say. I have also taken into account the letters written to me by yourself, your father and the pastor of the church.

You admit that you have been dependent on “Ice” for over 10 years, and it has caused a mess in your life. You have led a tragic life as a result of living with drugs, and you are fully regretful of it.

You now understand the love of your father, and your father despite being greatly pained by your dabbling in drugs now cares for you and is willing to stand by you in starting a new life.

I have taken into account the two cases with which Mr Luk submitted to me on the last occasion, they were: HKSAR v Wan Sheung Sum CACC 438/1999; also HKSAR v Mok Cho Tik CACC 165/2000.

It is accepted by Mr Luk that a sentence of imprisonment is appropriate in this case.

The sentencing starting point for possession of a dangerous drug lies between a range of 12 to 18 months’ imprisonment after trial. The quantity will be the main governing factor which will determine where the starting point will lie. This is your second offence for possession of a dangerous drug.

Given the quantity of the drugs, defendant, I take a starting point of 15 months’ imprisonment had you been convicted after trial. In this case, of course, the court would consider the latent risk factor of these drugs getting into other people’s hands.

I note you have no previous convictions for trafficking in a dangerous drug. You were, in this case, out late at night away from your home, and receiving Comprehensive Social Security allowance, though you say also earning $7,000.

In this case there was a latent risk but not one of real gravity. In those circumstances, the starting point should be enhanced by a further 6 months’ imprisonment.

Therefore, the sentencing point, had you been convicted after trial, would be one of 21 months’ imprisonment.

You did plead guilty at the outset and, therefore, you should be given the full one-third credit. Discounting that one-third credit, you shall be sentenced to 14 months’ imprisonment.