HKSAR v. LI CHEUK NGAI, ANDY

DCCC1225/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1225 OF 2008

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Reasons for Sentence

1.  The defendant pleaded guilty to a charge of trafficking in dangerous drugs, namely, 47.93 grammes of a solid containing 27.66 grammes of cocaine.

2.  The defendant was stopped and searched by the police and one plastic bag of cocaine was found in his trouser pocket.  Under caution, he said that the drug was for his own consumption.  In the record of interview, he said he bought these drugs for $24,000 from a person called “Sai B” for his own consumption for a period of two weeks.  He works in a garage and earns about $10,000 to $20,000 per month.  However, the value of this cocaine was about $61,000 in the crack form at $1,278 per gramme.

3.  The defendant has seven convictions, five related to drugs offences.  The last sentence was passed on 13 November 2007.  It was a possession of dangerous drugs offence and it was a suspended sentence of 3 months for a period of 12 months.  The present offence was committed on 22 October 2008, which falls within the suspended period.

4.  In mitigation, I was told that the defendant is now 31, single and comes from a broken family.  His parents separated and divorced when he was six.  Since then, he moved from one home to another until the age of nine.  Between the age of 9 to 21, he lived with his father and stepmother. He lived by himself when he was 21.  His last employment was a car technician.  Today his mother is in court to support him.

5.  There are several letters from his relatives and friends and also from the defendant himself to ask for leniency from this court.  I am also told that his mother visits him every day during this period of custody.  The defendant is now very remorseful for all his wrongdoings in the past.  He is  determined to turn a new leaf.

6.  On the day in question I was told in mitigation that he was asked to take these drugs to a drugs party and he would be rewarded by free consumption.  That was different from what he admitted in the summary of facts.  Whatever it may be he had no money to support his drug habit.  He says in his letter that “he had to take the risk to deliver this package of cocaine to a place because of his drug habit.”

7.  Trafficking in dangerous drugs is a very serious offence.  An immediate custodial sentence is inevitable.  When I pass sentence, I take into account of the fact that the defendant pleaded guilty to the charge and the quantity of the drugs involved.

8.  I adopt a starting point of 6½ years, reduce to 4 years and 4 months to reflect his guilty plea.  I also activate two months of the 3 months’ suspended sentence in view of the fact that the suspended sentence is close to expire.  These two months have to be served consecutively to the present sentence.