HKSAR v. CHENG CHEUK FAI HORACE

DCCC 992/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 992 OF 2016

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REASONS FOR SENTENCE

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1.  The defendant pleaded guilty to a charge of “Trafficking in a dangerous drug”. The dangerous drug involved is 5.97g of methamphetamine hydrochloride, commonly known as “ice”.

Summary of facts

2.  At around 1038 hours on 2 August 2016, the defendant was seen acting furtively near lamppost AD 2939, Wah Ming Lane in Fanling.  Upon interception and search, a black paper box containing a resealable plastic bag containing 99.9 grammes of a solid containing 5.97 grammes of “ice” was found inside the defendant’s sling bag.

3.  Under caution, the defendant said the “ice” was for his own consumption. In the subsequent video recorded interview, he claimed that he had bought the “ice” for $5,000 just before the arrest. It was his first time buying the drug and the seller had not specified the quantity sold to him.

4.  At the material time, the street value of the “ice” seized was estimated to be around HK$35,864.

5.  The defendant now admits that he has possessed the said dangerous drug for the purpose of unlawful trafficking.

Mitigation

6.  The defendant is aged 48 and has been convicted of 6 offences on 4 previous occasions.  Most of which concerned dutiable goods and none of them were dangerous drug related offences.  The defendant has worked in the food and beverage industry for a long time but encountered grave difficulty in finding a stable job in recent years.  He also

worked casually as a logistic and construction worker as well as in parallel trading. Before the time of the offence, he met an old friend who asked him to deliver the dangerous drug in question for earning some quick money of $5,000. He committed the present offence stupidly out of financial pressure.

7.  The defendant is deeply remorseful now and willing to bear all the consequence of his criminal act.  In mitigation, it was also said by Mr Hung for the defence that he, upon reflection, has applied to donate his organ after death while he was remanded.

Sentence

8.  A clear message must be conveyed to the general public that “drug trafficking” is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment even for fresh offenders.  

9.  The Court of Appeal has laid down clear sentencing guidelines for trafficking in “ice”[1].  For up to 10 grammes of “ice”, the sentence ranges from 3 to 7 years’ imprisonment after trial.

10.  The defendant trafficked in 5.97 grammes of “ice” in the present case, having considered all the circumstances, I am of the view that the appropriate starting point is 4 years’ imprisonment.   A one-third discount is given for the guilty plea indicated at the very first opportunity, reducing the sentence to 32 months’ imprisonment.  Apart from this, I see no other mitigating factors which warrant any further discount.  Hence, I sentence the defendant to 32 months’ imprisonment.