HKSAR v. YEUNG MAN HO

DCCC1377/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1377 OF 2011

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Reasons for Sentence

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1.  Defendant, you pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2.  You admitted that on 14 July 2011 at the Bingo Bar in Wing Kwok Centre in Woosung Street, Jordan, Kowloon, you unlawfully trafficked in 7.41 grammes of a solid containing 6.32 grammes of cocaine.

3.  On that day at about 11 pm you were at the Bingo Bar in Room 205 with your friend.  At about 11.23 pm police officers on an operation entered that room in the bar.  They saw you acting suspiciously and thus conducted a body search on you, but nothing illegal was found.

4.  In your presence, the officer conducted a search of the room and on top of a column inside the room, the officer found a transparent resealable plastic bag containing 28 packets of drugs, each kept in a small transparent resealable plastic bag. 

5.  Upon enquiry, you admitted that the drugs belonged to you and had nothing to do with the others.

6.  You were arrested and cautioned for the offence of trafficking in a dangerous drug, and under caution you said that you brought the “Coke” there and your friend Ah Lok had nothing to do with it.

7.  The street value of the drugs was in the sum of $7,876 at the time of arrest.

8.  Your counsel, Mr Sunny Chan, has made full and thorough mitigation on your behalf today before me and I have taken into account all that he has had to say. 

9.  As you are of 20 years of age now and of clear record, I called for a training centre report prior to sentencing you.  The report is now before me and I am informed by Mr Chan that the report has been read and explained to you and you understand and agree to its contents. 

10.  Mr Chan has urged upon me to impose a training centre order upon you as you are a first offender of young age, have insight into your problems and have a determination to turn anew.  It does appear from the report that you were led astray by dubious peers and because of the lack of supervision by your parents they were busy earning a living for the family. 

11.  You completed Form 5 in 2009 and since then have not received any further education or vocational training.  It appears that since your leaving school you had been gainfully employed in different jobs such as a salesman, decoration apprentice and eventually most recently a delivery worker on a casual basis.

12.  You toyed with drugs and were taking ketamine for fun in 2009, thereafter you consumed psychotropic drugs two to three times a month such as cocaine and ketamine.  However, since your arrest, you have no longer been taking drugs.  It appears that is correct as the medical officer has confirmed that you are mentally and physically fit for detention in a training centre, if you were still taking drugs, you would not be.  

13.  The question for  me to decide today is whether to send you to training centre or to prison.  As you know, trafficking in dangerous drugs is a serious offence and warrants an immediate custodial sentence.  The Court of Appeal has laid down very clear guidelines for trafficking in drugs and the quantity thereof.

14.  If you were to be sentenced to prison, a starting point of just over 3 years’ imprisonment would be appropriate, giving you credit for your plea of guilty, that starting point would then be reduced to just over 2 years.  A period of time in training centre would be approximately what you will receive if you were an adult sentenced to imprisonment after a plea of guilty. 

15.  In considering what sentence to pass upon you, I have considered your age and your clear record.  I have also considered that you should receive a partly punitive and a rehabilitative sentence. 

16.  In those circumstances defendant, I consider on balance that a training centre order would be appropriate.  That would help you develop more insight into your problems, strengthen your law-abiding concepts and provide you with a period of comprehensive disciplinary training coupled with statutory supervision.  In those circumstances you will be sentenced to training in a training centre.