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DCCC 947/2018
[2019] HKDC 384
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 947 OF 2018
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| Present: |
Mr Jacky Jim, counsel on fiat, for HKSAR
Ms Kamina Lai instructed by Louis K.Y. Pau & Co, assigned by the Director of Legal Aid, for the defendant |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
REASONS FOR SENTENCE
1. The defendant pleads guilty to one charge of trafficking in 23.8 grammes of a solid containing 17.8 grammes of cocaine, contrary to section 4 of the Dangerous Drugs Ordinance[1].
2. In summary on 20 July last year the police were conducting an anti-drug operation in Sham Shui Po when they intercepted the defendant outside the ground floor of No. 172 Fuk Wing Street. Upon search the police found inside the right front pocket of the defendant’s trousers one transparent re-sealable plastic bag containing the cocaine.
3. Under caution and in a subsequent video recorded interview the defendant admitted delivering the cocaine for reward.
Mitigation
4. In passing sentence, I have carefully considered everything said on behalf of the defendant by Ms Lai both in court and in her written submission, including that the defendant committed the offence to earn quick money to pay for his father-in-law’s medical expenses[2].
5. I have read the mitigation letter written by the defendant in which he expresses his remorse together with the letters written by the defendant’s wife and his parents who are in court today to lend their support to the defendant.
6. I take into account the defendant has no previous convictions.
Guidelines
7. The courts have equated for sentencing purposes cocaine with heroin[3]. In R v Lau Tak Ming the Court of Appeal laid down guidelines for trafficking in heroin[4]. The court said that the sentence upon conviction after trial where the quantity of narcotic is between 10 and 50 grammes falls within the range of 5-8 years’ imprisonment.
8. On a purely arithmetical approach a starting point of 5 years and 7 months’ imprisonment would be appropriate for trafficking in 17.8 grammes of cocaine. Taking into account the defendant has a clear record I adopt a slightly lower starting point of 5 years and 6 months’ imprisonment.
9. Giving the defendant full credit for his plea of guilty he is convicted and sentenced to 3 years and 8 months’ imprisonment.
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(D. J. DUFTON) |
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District Judge
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[1] Cap 134.
[2] See §§3 & 5 of the written submission of Ms Lai and the mitigation letter written by the defendant’s wife.
[3] See Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69.
[4] [1990] 2 HKLR 370.
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