HKSAR v. NGAI TAI MING

DCCC 807/2018

[2019] HKDC 678

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 807 OF 2018

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REASONS FOR SENTENCE

1.  The defendant pleads guilty to one charge of trafficking in 16.50 grammes of a solid containing 15.00 grammes of cocaine, contrary to section 4 of the Dangerous Drugs Ordinance[1].

2.  In summary at around 8:30 p.m. on 13 June 2018 the police intercepted the defendant when he approached private car ME 5557, which was parked inside the car park at On Yam Shopping Centre in Kwai Chung. 

3.  ME 5557 was registered in the defendant’s name.

4.  Upon search of the car the police found a plastic bag in a concealed compartment underneath the tray in front of the arm rest by the driver’s seat.  The plastic bag contained seven plastic bags each containing ten smaller plastic bags inside which was the cocaine[2].

5.  Under caution the defendant admitted the cocaine belonged to him and that he intended to sell the cocaine to others.   

6.  The street value of the cocaine was $21,037.

7.  Inside the bag carried by the defendant the police found three mobile phones; HK$56,218; RMB 470 and a key to a different car. 

8.  The defendant does not agree that all the money was found in his bag and says part of the money was found in the car.  The disagreement over where the money was found does not affect the sentence to be imposed[3].

Mitigation

9.  In passing sentence, I have carefully considered everything said on behalf of the defendant by Mr Cheung together with the mitigation letters written by the defendant, his brother and his former employer.   

10.  I take into account that the defendant has no previous drug convictions. 

Guidelines

11.  The courts have equated for sentencing purposes cocaine with heroin[4].  In R v Lau Tak Ming the Court of Appeal laid down guidelines for trafficking in heroin[5].  The court said that the sentence upon conviction after trial where the quantity of narcotic is between 10 and 50 grammes falls within the range of 5-8 years’ imprisonment. 

12.  Mr Cheung refers the court to the Reasons for Sentence in HKSAR v Ngo Kin Cheung where the judge adopted a starting point of 5 years’ imprisonment for 13 grammes of cocaine[6] and in HKSAR v Chiu Shun Hung where the same judge also adopted a starting point of 5 years’ imprisonment for 16.73 grammes of cocaine[7]. 

13.  On a purely arithmetical approach a starting point of just over 5 years and 4 months’ imprisonment would be appropriate for trafficking in 15.00 grammes of cocaine.  Taking into account the defendant has no previous drug convictions I adopt a slightly lower starting point of 5 years and 3 months’ imprisonment. 

14.  Giving the defendant full credit for his plea of guilty he is convicted and sentenced to 3 years and 6 months’ imprisonment.