HKSAR v. LI KIN TAK

DCCC1099/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1099 OF 2008

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Reasons for Sentence

1. Defendant pleads guilty to one count of trafficking in a dangerous drug.

2. The facts are as follows.  On 16 September 2008 police spotted defendant in the street.  Defendant was carrying a bag with him.  He was also talking on his mobile phone at that time.  When the police officers intercepted defendant, defendant threw away this bag immediately together with a white card which was later found to be an electric key to a hotel room.  Police asked defendant why he threw away the bag, defendant did not answer.  It was later found that the bag contained 12.03 grammes of a solid containing 9.25 grammes of cocaine. 

3. Under caution defendant said the drugs were for his own consumption.  But he admitted in court frankly and clearly that he had the drugs with him for unlawful trafficking.

4. Defendant was born in November 1976.  Between 1997 and 2004 he was convicted on three occasions for four offences, all were related to drugs.  In March 2004 he was convicted of trafficking in dangerous drugs, he had to serve a sentence of 6 years and only came out of prison in February 2008. 

5. Counsel tenders mitigation on his behalf in court saying that defendant has to look after his aged mother and a fragile father. 

6. For trafficking in dangerous drugs, there are clear guidelines laid down.  Trafficking in cocaine is considered as trafficking in heroin, the same tariffs apply.  If the amount of drugs being trafficked is between one and 10 grammes, the defendant can be sent to prison for 2 to 5 years.

7. In this case the purity of the drugs was 9.25 grammes of cocaine.  It is not the first time defendant has committed crimes relating to drugs.  It is particularly to be noted in 2004 he was convicted of a very serious crime of trafficking in dangerous drugs so much so that he was sent to prison for 6 years.  He came out of prison only last year.  Apparently he has not changed his life and continued to deal with drugs. 

8. In the circumstances of the case the only mitigation is his plea of guilty lastly.  A starting point of 4 years 9 months’ imprisonment is appropriate.  After one-third discount, defendant is sent to prison for 3 years and 2 months.