HKSAR v. FUNG CHUN YIN

DCCC 664/2020

[2021] HKDC 1497

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 664 OF 2020

________________________

________________________

________________________

REASONS FOR SENTENCE

________________________

1.  D2 stands convicted after trial of one joint charge of trafficking in 6.06 grammes of cocaine together with Lau Kwok Kuen, contrary to section 4 of the Dangerous Drugs Ordinance[1].

2.  Full particulars of the offence are set out in my reasons for verdict handed down today.  In summary in the evening of 10 March 2020 police officers saw private car WP 3605 enter Po Tat Estate in Sau Mau Ping.  D2 was driving the car whereas Lau was sat in the rear passenger seat.  When the car stopped outside the rubbish collection center and Leung Ka Ki (D3)  approached the car, the police intercepted D3 and asked D1 and D2 to alight from the car[2].

3.  DPC 9392 searched the car and found the cocaine in the driver’s door, in the storage compartment between the front seats together with cash $98,089 and in a black handbag found on the driver’s seat. 

4.  I was satisfied D2 was in possession of the cocaine for the purpose of unlawful trafficking.

Mitigation

5.  I have carefully considered everything said on behalf of D2 by Mr Fong, including that D2, who is 32 and a delivery worker, lives with his mother and his girlfriend and their daughter who is 4 and attends kindergarten.

Guidelines

6.  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 starting point after trial where the quantity of narcotic is up to 10 grammes is within the range of 2-5 years’ imprisonment. On a purely arithmetical approach a starting point of just less than 3 years and 10 months’ imprisonment would be appropriate for trafficking in 6.06 grammes of cocaine. 

7.  In R v Lau Tak Ming the Court of Appeal said that within the suggested bands a sentencing judge may properly take into account previous history of narcotic offences[5].  D2 has three previous convictions for possession of dangerous drugs in 2009, 2015 and 2018.   

8.  Taking into account D2 has no previous convictions for trafficking in a dangerous drug, I am satisfied the proper starting point after trial is 3 years and 9 months’ imprisonment.  I find no grounds to reduce the sentence.  The defendant is convicted and sentenced to 3 years and 9 months’ imprisonment.