HKSAR v. POON CHING YIU

DCCC 486/2021

[2021] HKDC 1298

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 486 OF 2021

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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(1)(a)  and (3)  of the Dangerous Drugs Ordinance, Cap 134.

2.  The particulars of the offence are that the defendant on or about 20 January 2021 outside King Yip Factory Building in King Yip Street, Kwun Tong, Kowloon, unlawfully trafficked in a dangerous drug, namely, 15.42 grammes of a solid containing 12.25 grammes of cocaine.  

3.  The defendant admitted to the Summary of Facts. He admitted that he was driving a vehicle at around 11:40 in the evening on 19 January 2021 when he was pulled over by the police at a roadblock.  He was asked to alight from the vehicle.  The police searched his vehicle and found a bag containing $47,430 on the front seat of the vehicle and in his trouser and jacket pockets they found a total of 46 small transparent resealable plastic bags containing a total of 15.42 grammes of a solid containing 12.25 grammes of cocaine. 

4.  The defendant agrees that the estimated street value of that amount of cocaine was about $31,000. Under caution, he admitted that he sold the drugs because he owed others money, a debt. 

Mitigation

5.  The defendant is now 21 years old, single and living with his mother and elder brother.  His father passed away a couple of years ago from cancer.  The defendant has two previous convictions, neither of which are related to dangerous drugs. 

6.  Mr Lai for the defendant has said all he can say in mitigation on his behalf.  His best mitigation is his plea of guilty.  I have seen now 5 mitigation letters and considered their contents as well as their pleas for leniency. 

7.  In his written submissions, Mr Lai explains that the defendant had had a traffic accident before this offence and needed money to pay for compensation and damages.  He foolishly decided to sell drugs to make money for such payments and was caught red-handed. 

Reason for Sentence

8.  The Court of Appeal laid down guidelines for trafficking heroin in R v Lau Tak Ming and Others [1990] 2 HKLR 370 where the quantity of heroin is between 10 and 50 grammes, the appropriate sentence after trial should be between 5 to 8 years’ imprisonment. 

9.  In the authority of the Attorney General v Pedro Nel Rojas [1994] 1 HKC 342, the Court of Appeal decided that the guidelines for trafficking in heroin in Lau Tak Ming should equally apply to trafficking in cocaine.  Mathematically speaking, trafficking in 12.25 grammes of cocaine attracts a starting point of 5 years and 2 months’ imprisonment. 

10.  I have taken into account the Summary of Facts, the defendant’s full co-operation with the police, and everything said on the defendant’s behalf in mitigation.  I find a starting point of 5 years’ imprisonment appropriate and since the defendant indicated his plea at the earliest opportunity, he will benefit from a one-third discount.  After that discount is applied, the defendant is sentenced to 3 years and 4 months’ imprisonment.