HKSAR v. SO TSZ HIM

DCCC 364/2018

[2018] HKDC 1076

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 364 OF 2018

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REASONS FOR SENTENCE

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1.  The defendant was found in possession of drugs by customs officers when leaving Hong Kong for Macau at the Hong Kong – Macau Ferry Terminal; he admitted to trafficking in 12.39 grammes of cocaine.

2.  The facts are that near mid-night before Christmas Day 2017, customs officers stopped the defendant for a search at the Departure Hall of the Ferry Terminal and found the drugs hidden in his underpants.

3.  The total weight of drugs is 13.96 grammes of a solid containing 12.39 grammes of cocaine, which were put separately into 77 small plastic bags and then placed in two plastic bags – one containing 17 bags and the other 60. The defendant claimed the drugs were for his own consumption.

4.  The officers also found $2,000 cash and two mobile phones on him. Later, the defendant was taken back to his residence for a search, there the officers found 2 bundles of resealable bags (277 pieces in total) and an electronic scale.

5.  In a subsequent interview with the customs officers, he told the officers the following:-

(a)  -	He was out of job at the time of arrest;
(b)  -	He picked up the drugs in a public toilet in Mong Kok; the drugs were placed on top of a water tank in a cubicle, he did not open it but believed it to be drugs;
(c)  -	He put the drugs in between his underpants. He was wearing two underpants because of the cold weather;
(d)  -	He had the drugs for his own consumption. He would consume it during gambling. He had never consumed drugs before and did not know how to consume it.

6.  The street value of the drugs in question is about $15,000.

7.  The defendant is a 26-year-old man who has no prior convictions. In his letter to the court, he expressed remorse for the wrong he had done and asked for a chance to turn over a new leaf.

8.  Counsel for the defendant explained in mitigation how the defendant came to trafficking in dangerous drugs. With his father’s passing in 2014 and girlfriend leaving him at the same time, the defendant lost interests in everything, first lost his job, then turned to indulge himself in video games. Very soon he felt the financial pressure, and in order to earn quick money he turned to sell drugs. 

9.  As the defendant had told the officers initially that the drugs were for his own consumption, I’ve clarified this matter with defence counsel who now confirmed the defence position that the defendant had had the drugs, all of it, for the purpose of trafficking.

10.  There are sentencing guidelines for trafficking in this type of drug – for trafficking cocaine between 10 grammes and 50 grammes, a term of 5 to 8 years is to be considered.

11.  Here the amount he trafficked is 12.39 grammes, for this amount I would take 62 months as starting point; his plea is timely, and thus he’s entitled to a full one-third discount.

12.  After giving the discount, the starting point is reduced to 41 months. Insofar as mitigation is concerned, apart from his guilty plea, there isn’t any other substantial mitigation. There being no reason for further reduction in sentence, the defendant is therefore sentenced to 41 months’ imprisonment.