HKSAR v. NG HO LAAM

DCCC 649/2023

[2024] HKDC 1112

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 649 OF 2023

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REASONS FOR SENTENCE

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1.  The Defendant has pleaded guilty to one count of trafficking in dangerous drugs today.

Facts

2.  The facts of this case is simple and straightforward. According to the Summary of Facts, the defendant was intercepted by police for a body search at the material time. Then, a large transparent resealable plastic bag containing a smaller plastic bag with zip containing 11.9 grammes of a solid containing 10.7 grammes of cocaine were seized from the left front pocket of the defendant’s jacket. One mobile phone and more than HK$45,000 cash were also seized from the defendant. Under caution, the defendant stated that he had bought the cocaine for self-consumption. The estimated market value of the dangerous drugs found was about HK$16,000.

Personal and family background

3.  The defendant is now 20 years old (and 18 at the time of the offence), single and resides with his parents and 2 brothers. His father is retired and his mother is a housewife but sometimes would take up part-time job.

4.  The defendant received education up to Form 4 and was unemployed since 2020. He had previously worked as a waiter and an apprentice hairdresser and at the time of the offence he relied on family support.

5.  The defendant is of clear record. He abused cocaine for 2 to 3 months before he was arrested.

Mitigation

6.  The Court of Appeal has set down guidelines for trafficking in cocaine. In AG v Pedro Nel Rojas [1994] 2 HKCLR 69, it was held that the guidelines for heroin trafficking laid down in R v Lau Tak Ming [1990] 2 HKLR 370 were also applicable to the sentencing of cocaine trafficking. In the case of Lau Tak Ming, trafficking between 10 and 50 grammes of heroin will attract a term of imprisonment of between 5 to 8 years.

7.  By using a pure arithmetic calculation, Mr Lee, counsel for the defendant, submits that the starting point for trafficking in 10.7 grammes of cocaine is 5 years and 1 months’ imprisonment.

8.  Besides, Mr Lee cited HKSAR v Chow Chun Sang [2012] 2 HKLRD 1121 in his written mitigation. In that case, the Court of Appeal stated that a discount of between 10 to 25 per cent can be applied to the starting point in situations when all or part of the dangerous drugs trafficked was for the defendant’s self-consumption. Mr Lee once submits that a substantial part of the dangerous drugs found was for the defendant’s own use but ultimately confirms that he will withdraw this ground of mitigation. In fact, taking into account the estimated value of the dangerous drugs and the amount of cash found from the Defendant upon arrest, it is difficult to accept that a substantial part of the cocaine found was for the defendant’s own consumption in view of his background.

Sentence

9.  Taking all the circumstances into account, I adopt 5 years’ imprisonment as the starting point. The most important mitigation factor must be the guilty plea of the defendant and a one-third discount shall be given. The defendant is still young, but not extreme young. Still, I should not lose sight of considerations of rehabilitation and reform and therefore decide to further reduce 2 months for the defendant’ clear record and his young age. There is no other reason justify for any further discount of the sentence. The sentence, therefore, is 38 months’ imprisonment.