HKSAR v. LO CHEUK HANG

DCCC1175/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1175 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to one offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

2.  You admitted the brief facts and I convicted you. 

3.  What happened is this.  On 10 August last at about 0022 hours, two police constables were patrolling in Dundas Street, Yaumatei.  They intercepted you outside 433 Shanghai Street as you were acted furtively.  

4.  You were searched and the following was found in your left front pocket of your trousers: 

(i) A plastic bag containing 33 plastic bags containing 8.89 grammes of a solid with 8.42 grammes of cocaine.

(ii) A plastic bag containing 25 plastic bags containing 6.85 grammes of a solid with 6.47 grammes of cocaine and 27 plastic bags containing 7.34 grammes of a solid with 6.87 grammes of cocaine.

That is 85 bags with 21.76 grammes of cocaine in total.

5.  You asked for a chance. 

6.  Upon arrest for trafficking in dangerous drugs you remained silent, as indeed you did at formal interview later. 

7.  Analysis of the suspected dangerous drugs confirmed the information provided above. 

8.  The total street value of the dangerous drugs was approximately $27,417.60. 

9.  At all material times you possessed the drugs for the purpose of trafficking. 

10.  You admitted to several previous convictions, six being possession of dangerous drugs and one being possession of Part I poison.  At the time of your arrest you had only just been released from prison. 

11.  Miss Chan entered mitigation on your behalf.  She told me that you had written a letter to court as had your mother, which was in Chinese, and she referred to it in the course of her mitigation.

12.  You are 32 years of age.  You come from a broken family, your father having deserted the family when you were only 6 months old. You had been brought up by your grandmother as your mother suffered from long term depression.  I am told that your mother remarried but unfortunately your stepfather also suffered from mental problems and committed suicide in 1999.

13.  You are educated to Form 2.  You have had several casual jobs including mechanic, kitchen assistant, construction worker and decoration worker.  From an early age you had attached yourself to an unfortunate peer group.  This had  of course led you into trouble.  I am told that you committed the present offence out of a desire to make quick money to provide for your family.  I am told that you are remorseful and you ask for leniency.      

14.  I turn now to the sentence. 

15.  Whilst I do note and sympathise with your difficult upbringing, there is really little of mitigation in this case save for your plea of guilty. 

16.  The courts do indeed take drug trafficking very seriously.  In your favour, I do note that this is the first time you have actually been involved in trafficking.  The amount of cocaine involved in this offence places it within the range of 5 to 8 years’ imprisonment.  I therefore take as a starting point 69 months, that is 5 years and 9 months.  To reflect your plea of guilty you will have the full one-third discount.  This reduces it to 46 months.