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DCCC1317/2011
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1317 OF 2011
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HKSAR |
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v. |
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Cheng Chun-yu |
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Before: H H Judge Browne
Date: 16 January 2012 at 10.20 am
Present:
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Ms Winsome Chan, SPP of the
Department of Justice, for HKSAR
Mr David Hui, of David Hui & Co., assigned by the Director of Legal Aid, for the Defendant
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Offence: Trafficking in a dangerous drug (販運危險藥物)
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Reasons for Sentence
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1. The defendant in this case has pleaded guilty to trafficking in 21.72 grammes of cocaine.
2. The facts admitted by the defendant are that on 26 September 2011 officers mounted an anti-dangerous drugs operation at Kwai Shue House, Lei Muk Shue Estate in Tsuen Wan.
3. At about 11 o’clock, one of the officers noticed the defendant emerging from the staircase near the 4th Floor of the premises. The defendant appeared to be nervous and was walking hurriedly. The officer stopped the defendant, there was a struggle and the defendant was subdued.
4. The defendant then threw a packet which was later found to contain 18.09 grammes of cocaine down to the ground floor using his right hand. The exhibit was seized by another officer.
5. The defendant was cautioned and frankly admitted that he threw the cocaine down to the street because he was afraid.
6. It was revealed that the defendant lived in Room 414 of Kwai Shue House and the officers went to those premises to conduct a search. In the control panel of the air-conditioner in the defendant’s bedroom they found a plastic bag which contained 20 plastic bags containing 3.63 grammes of cocaine. They also came across 18 small unused plastic bags from the defendant’s bed. The defendant had $944.10 in his possession when he was arrested.
7. As regard to the cocaine that was found in his bedroom, the defendant told the police that on 25 September, the day before, he had bought 30 packets of cocaine for $6,000 from a man in Yau ma tei. He intended to sell those drugs in the Lei Muk Shue Estate. He had already sold 10 at $350 per packet.
8. As regard to the drugs that he had thrown away when the police initially approached him, he said that he had bought those for $14,000 and he prepared to divide them into small packets and sell them to others. The defendant said that he intended to sell the cocaine in order to earn money.
9. The defendant has a clear record. He is 20 years of age and he is not addicted to drugs. He was born in Shenzhen and came to Hong Kong in 1997. He lives at the address where the drugs were found with his parents and elder brother. I am told that his father is retired and his mother is a housewife. His elder brother is the sole breadwinner of the family as the defendant goes to a secondary school in Kwai Chung. I am told that the defendant has been an excellent and is an excellent student and hopes in due course to go to university.
10. I have been handed a number of letters, one from the defendant; one from a social worker; one from a teacher and other from his brother.
11. The defendant says that he is very remorseful about his involvement in this offence and he feels foolish, he wanted to earn quick money. He felt that it was necessary to contribute to the family income since his parents were not working and his brother was the sole breadwinner.
12. A letter from an ex-teacher of the defendant speaks of the defendant’s honesty and responsibility at school and he was a monitor of Class 5 when this teacher taught him. He said that the defendant was willing to participate in class affairs and extra-curricular activities and got on well with his classmates. He said that the defendant was working hard in catching up with his studies and spent many hours after school for extra tutorials.
13. The letter from the social worker speaks of the defendant being a good person and under economic pressure to commit the offence. The letter from the defendant’s brother asks the court to deal with the defendant leniently. He said that he is a good brother, he studies hard and has a good future.
14. Trafficking in drugs is clearly a serious offence. Drugs are the cause of huge social problems in Hong Kong and elsewhere and the sentences for those caught trafficking in drugs are severe. They are intentionally so; person caught trafficking know that they will face a substantial sentence of imprisonment.
15. The defendant in this case was trafficking in 21.72 grammes of cocaine. The sentence for trafficking in that quantity of drugs is between 5 to 8 years. That is the sentence for trafficking in over 10 and less than 50 grammes of cocaine.
16. Having considered all the circumstances, the background of the defendant, his clear record, what I have decided to do is to take the starting point notwithstanding the quantity of drugs involved in this case at the lowest end of that sentencing bracket.
17. I take a starting point of 5 years’ imprisonment and reduce that to 40 months to reflect the defendant’s guilty plea.
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