HKSAR v. YIP LAP UE

DCCC 795/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 795 OF 2016

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Reasons for Sentence

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1.  The defendant has pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance (Cap 134). The drugs involved is namely 7.27 grammes of a solid containing 6.33 grammes of cocaine.

2.  The facts of this case are straightforward.  At about 6.20 pm on 21 June this year, police officers were on anti-drug operation in Tsim Sha Tsui, Kowloon.  This was a stop-and-search scenario.  The police officers saw the defendant outside the Kimberley Road toilets, looking suspicious. 

3.  At about 9.40 pm, they intercepted him and revealed their identity.  The defendant was searched and in his underpants, the police found two transparent resealable plastic bags wrapped in a piece of tissue.  These two bags contained the cocaine of this charge.

4.  The estimated street value was just over $8,500.

5.  The defendant under caution admitted he purchased the cocaine for his own consumption and asked the police to give him a chance.   

6.  The defendant's best mitigation today is his plea of guilty.  This plea shows his remorse.  I have been told he now knows the seriousness of this offence.

7.  The defendant is 27 years old, not a man with a clear record.  He has eight previous convictions over six court appearances. However, none of them relate to dangerous drugs.  He is single and lives with his family.  At the time of his arrest, he was gainfully employed.  However, I have been told that he committed this offence in exchange for $500.  He was to deliver the drugs, act as a drug courier, but before delivery was made, he was arrested.

8.  There are sentencing guidelines for trafficking cocaine.  The Court of Appeal has said that the sentencing guidelines will be the same as that for trafficking heroin.  The guideline for trafficking heroin is R v Lau Tak Ming & Others [1990] 2 HKLR 370.  What is pertinent is that where up to 10 grammes of cocaine or heroin is trafficked, a starting point of between 2 to 5 years would be appropriate.

9.  Mathematically speaking, the drugs in this charge should attract a starting point of about 3 years and 10 months.  

10.  However, I take into account that despite your previous convictions, this is the first conviction that relates to drugs.  I take into account your plea of guilty.  Miss Chan has said all she can say on your behalf in mitigation. 

11.  For those reasons I have just set out, I will take a lower-than-mathematically-speaking starting point and take a starting point of 3 years and 3 months.  You have pleaded guilty.  You are entitled to a discount of one-third.  After that discount is applied to that starting point, you will for this offence be sentenced to 2 years and 2 months.  Do you understand that sentence?

DEFENDANT: Understand.