HKSAR v. CHEUNG MEI KUEN

DCCC266/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 266 OF 2011

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Reasons for Sentence

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

2.  You have admitted that on 25 January 2011, at the rear lane of Nos. 61-63 Portland Street, Yau Ma Tei, Kowloon, you unlawfully trafficked in 22.67 grammes of a solid containing 17.09 grammes of cocaine.

3.  At around 5.50 pm on 25 January 2011, police officers who were conducting anti-crime patrol in Portland Street, spotted you acting furtively outside Nos. 61-63 Portland Street.  They intercepted you at the rear lane and conducted a body search upon you.  The drugs were found at the back of your waist in a tissue paper wrapping up one transparent resealable plastic bag.

4.  You were arrested and cautioned.  Under caution you claimed that the cocaine was for your own consumption.  At the time of the arrest you had cash in the sum of $12,990 in your possession.  The police estimated that the street value of the drugs was about $12,000.  You admitted today that you possessed the drugs for the purpose of trafficking.

5.  Mr Oliver Davies has made full and thorough mitigation on your behalf before me and I have taken into account all that he has had to say when considering my sentence upon you.

6.  You are 35 years of age and have five previous convictions, of which three are related to possession of dangerous drugs.  Mr Davies says that one can see from your record that you have had a long history of drug addiction and the purpose of you trafficking these drugs was for selling to friends and other drug addicts who you shared drugs with but not as a full-blown drug pusher.  

7.  You have written a letter to the court giving me your background.  Mr Davies has pointed out that you are from a very poor family and have had misfortune in your family.  You are the main supporter of your family including your elderly parents.

8.  Mr Davies acknowledges that the Court of Appeal has laid down tariffs for the purposes of trafficking in dangerous drugs, and he asked me to be as lenient as possible.  Quite correctly the tariffs are laid down for trafficking in cocaine in the case of Lau Tak Ming. You fall within the second bracket of between 10 and 50 grammes, of which a sentence of between 5 years and 8 years’ imprisonment is appropriate as a starting point after trial.

9.  The drugs which you had in your possession for trafficking was an amount of 17.09 grammes of cocaine.  Given the quantity of drugs and following the guidelines, I consider a starting point after trial had you been convicted after trial to be an appropriate one of 5 years and 6 months’ imprisonment.

10.  Defendant, I give you full credit for your plea of guilty and that sentence shall be reduced to one of 3 years and 8 months’ imprisonment, to which you are so sentenced.