HKSAR v. TSE TSZ KWAN

DCCC916/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 916 OF 2009

----------------------

----------------------

---------------------

Reasons for Sentence

---------------------

1.  The offence you have been convicted of would carry an appropriate sentence ranging from 4 to 6 years. This range is determined by the quantity of the drugs and the type of drugs you have for trafficking. Put simply, the Court of Appeal guideline, expressly or impliedly, but not explicitly, indicates that the quantity of the drug is an important factor in determining the length of sentence.

2.  I do not think it is appropriate to apply a linear, proportionate way to work out a proper sentence using the quantity only, otherwise the Court of Appeal would have expressly laid that down and a simple mathematical formula would be sufficient.

3.  The Court of Appeal had said on numerous occasions other factors have to be taken into account, mitigating factors, aggravating factors, etcetera.

4.  In your case, not much is made known to me, the part you played in the trafficking. I can only make a guess in the most favourable light for you. You are very young and you were still very young when you committed the offence, so I can safely be sure that you played a very insignificant part in the trafficking, a courier or some other minor role.

5.  Apart from your young age, there are no other factors which I can consider, apart from the quantity of the drugs that were involved. To put it simply, I will determine the sentence on the quantity of drugs taking into account of your extreme young age.

6.  I have come very close to give you a chance by sending you to Training Centre but it will not be very appropriate in view of your attitude, in view of the fact that you were given sufficient time to consider the matter.

7.  Any chance of reforming would depend on the attitude of the person involved - your attitude. If you do not see your problem, I do not think it would be appropriate for me to send you to Training Centre against your wish. The chances of you being reformed in the Training Centre is small.

8.  On the other hand, as I said, it is a marginal case. Even if you are suitable, even if you are willing, I have to look at the other side of the sentence, the deterrent effect. It is generally accepted that a prison term is of more deterrent effect than a period in Training Centre. You saw it differently, I cannot understand.

9.  In view of all these circumstances, in view of your attitude, the usual norm of the imprisonment term is appropriate. Even if a prison term may delay your reform, it is of your own choice, you cannot blame anybody. Maybe you can reform yourself better in ordinary prison.

10.  So looking at the young age and the quantity of drugs, the starting point I will give as low as possible is one of 4½ years’ imprisonment.

11.  You are entitled to one-third remission, for which you do not have to thank me because I do not have to give any careful consideration because it is laid down quite strictly, if you plead guilty, irrespective of the quality of your evidence, irrespective of the chain of evidence, you are entitled to one-third remission.

12.  So 4½ years, after one-third discount, would be 3 years. I will sentence you to 3 years’ imprisonment.