COURT: The defendant, Hong Tin-shing, pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134 before a magistrate and is committed to the Court of First Instance of the High Court for sentence.
The Facts Admitted by the Defendant
On the day in question, police set up a roadblock at Dundas Street in Mong Kok. A car driven by someone surnamed Lam with the defendant sitting as a front seat passenger was directed by the police to stop. As both the driver and the defendant acted suspiciously, a police officer boarded the car and told the driver to drive to the roadblock area. Both were told to alight and a search of the car was conducted in their presence.
Two brown envelopes were found inside the glove compartment of the car. Inside one of the brown envelopes, four transparent resealable plastic bags containing a total of 47.8 grammes of a solid containing 36 grammes of cocaine were found, whereas another transparent resealable plastic bag containing 23.9 grammes of a solid containing 18.1 grammes of cocaine was found in the other brown envelope.
So both the defendant and the driver were arrested. Under caution, the defendant claimed that the cocaine found were for his own consumption which had nothing to do with the driver Lam. At the time of the arrest, the defendant had $1,566 and two mobile phones with him.
Cautioned video-recorded interview was later conducted with the defendant. Under caution, the defendant said among other things the following. The driver was a school friend who had picked him up to go to a dinner together. The driver did not know about the dangerous drug. He bought the dangerous drug from someone inside a public toilet near his home and he put the drugs inside the glove compartment when the driver Lam was having a smoke outside the car. The defendant had said the drugs were for his own consumption.
The estimated market value of the cocaine involved was in the range of $65,104 in powder form and $96,508 in crack form.
No incriminating items were found during a search of the defendant’s home. The defendant admitted that at the material times he trafficked in the drug found inside the glove compartment of the car, namely 71.1 grammes of a solid containing 50.41 grammes of cocaine.
Background and Mitigation
According to the antecedents statement, the defendant is a single man, 30 years old, and he had appeared before the court on seven occasions and had eight convictions, five for common assault, one for perverting the course of public justice. There were three times he was in breach of a Probation Order and two counts of having unlawful sexual intercourse with a girl under the age of 16. This is the first time the defendant is convicted of a drug related offence. The defendant was educated up to secondary level and worked as a transportation worker.
Mr Nelson Lam, counsel for the defendant, added the following information. Defendant had a steady girlfriend who is actually a co-habitant and the two of them have a son, 2 years old. In mitigation, Mr Lam submitted that the defendant committed the present offence due to financial difficulties. He wanted to make quick money and the defendant is truly remorseful as demonstrated by his early plea. The defendant was also frank in his admission after arrest and did not put up any resistance.
The defendant’s relationship with his family is good. His mother and brother are now in court supporting him. The defendant also have two grandparents who are suffering from cancer.
Mr Lam submitted that the defendant was a courier and he had no previous similar conviction. Counsel urged this Court to take a lighter end of the scale approach with reference to the authority Lau Tak Ming.
So now is my consideration of the sentence. Trafficking in a dangerous drug is a serious offence. A person convicted of this offence upon indictment is liable to imprisonment for life and a fine of $5 million.
I will follow the six steps stated in Herry Jane Yusuph in relation to the trafficking in dangerous drug. The first step, for the trafficking of cocaine, the guideline for the trafficking of heroin is applicable, that is the case of Lau Tak Ming. So 54.1 grammes falls into the band of 50 to 200 grammes with a starting point of 8 to 12 years.
The second step, the role played by the defendant is one of a courier.
The third step, as a courier I am of the view that the proper starting point is 8 years which is within the band of 8 to 12 years.
The fourth step, the defendant is not a first offender. However, his previous convictions had nothing to do with drugs. I will not enhance the starting point on account of his record. There are no aggravating factors to increase the starting point.
The fifth step is the mitigating factor. The defendant pleaded guilty at the earliest available opportunity and is entitled to a full one-third discount.
So this last step. With this discount, the sentence is 5 years and 4 months. I am of the view that this is a fair and just sentence in all the circumstances. So for the offence of trafficking in a dangerous drug, the defendant is sentenced to 5 years and 4 months’ imprisonment.