HKSAR v. LEE KIN MING IVAN

DCCC 1015/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1015 OF 2013

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to an offence of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2.  You admitted that on 20 July 2013 at Room B on the 10th Floor of Yen Kwong Mansion in Tung Chau Street, Sham Shui Po, you trafficked in 26.41 grammes of a solid containing 21.05 grammes of cocaine. That address was your residence.

3.  On the day in question at about 1.08 am, police officers were on duty in the vicinity of Sham Shui Po at your block of flats on your floor.  They observed you leaving your flat and they saw you looking around and pressing on your left trousers pocket.  As a result, they thought you were acting furtively, intercepted you and revealed their police identity.

4.  You were searched.  In your left front trousers pocket was found one transparent plastic bag containing 20 resealable plastic bags, each containing the drugs cocaine.  The total amount of those 20 bags was about 4.05 grammes.

5.  You were arrested and cautioned for trafficking in dangerous drugs, under caution, you said the drugs were yours.

6.  With the key found upon you during the search they went inside the flat that you were seen to be leaving.  Upon search of the flat, inside one room they found more drugs, a weighing scale, scissors and numerous empty resealable plastic bags.  The drugs were found in a total of 58 plastic bags.  Two remaining plastic bag had traces of drugs.  Therefore, in your possession for trafficking, you had a total of 60 bags of drugs.  The weighing scale and the scissors were found to contain traces of cocaine as well.  There were a total of about 500-odd empty plastic bags.

7.  You were again arrested and cautioned for trafficking in dangerous drugs, under caution, you told the officers that the drugs were yours had nothing to do with your wife.

8.  At the time of arrest, you were in possession of HK$1,350, RMB220 and two mobile phones.

9.  The estimated street value of the cocaine (that is, 26.41 grammes of a solid containing 21.05 grammes of cocaine) was valued as at July 2013 at $34,068.90.

10.  Defendant, you are 32 years of age, married and have never been in trouble before and thus have a clear record. 

11.  Mr James McGowan, your counsel, in his usual able fashion has mitigated fully and thoroughly on your behalf today.  He has informed me of your background and, in short, it is as follows.

12.  You were brought up by a single parent, your father, from a very young age, as your mother had deserted you.  In your early 20s, you left home and married last year in March 2012.  All along you had been working diligently as a deliveryman for another year.  However, in July this year you lost your job.  Your wife, however, shortly thereafter became pregnant and the baby was due for delivery in August 2013. 

13.  As you were the main breadwinner for your immediate family and father, and being in financial constraints, you were introduced to drug trafficking by an old school friend.  This was so that you could earn quick and easy money. 

14.  You, therefore, received this bulk of drugs and, as Mr McGowan puts it, you were to repackage the drugs into smaller packets and make delivery of these drugs to other people.  This was your first dealing with these drugs and, unfortunately, before you were able to deliver them, you were arrested and immediately confessed to the offence.

15.  Mr McGowan has said since the date of arrest you have been remanded in custody and thus sadly have not been able to be at the birth of your daughter, which was in August this year and have never had an opportunity to hold her in your arms.

16.  Your letter to me expresses deep regret for this offence and your main concern is, when you are released, to take responsibility for your family and also to give your daughter a stable, happy home.

17.  Your wife also expresses to me that you are a hardworking, caring father and husband.  It is her view that you committed this offence as you wanted your family to lead a stable life and provide for your family, but not for your own selfish means.

18.  Defendant, as I am sure Mr McGowan has informed you, the offence of trafficking in a dangerous drug is a very serious offence.

19.  The quantity of drugs which you were trafficking cannot be described as small in any terms.  Despite Mr McGowan saying that this was your first time you had dealt with drugs, it appears that you were very foolish in dealing with such a large amount of drugs for what I am told was to be very small reward of 1,000-odd dollars.  As you well know now, earning quick or easy money almost always is sceptical and is usually one that leads you to committing an offence.

20.  This foolish act of yours has now led you to be out of contact with your young baby and wife, as Mr McGowan says, for a number of years.

21.  Your strongest mitigating factor is your early plea of guilty and the fact that this is your very first offence.

22.  Defendant, the sentence guidelines for trafficking in the quantity of cocaine is as set out in R v Lau Tak Ming, CACC 230/1989.

23.  The quantity of drugs to which you were trafficking falls well within the second bracket (that is, between 10 and 50 grammes), of which a starting point after trial would be one of between 5 to 8 years’ imprisonment.

24.  Defendant, given the quantity of drugs that you had in your possession for trafficking, I would have taken a starting point of 5 years 6 months’ imprisonment, had I convicted you after trial.

25.  However, given your plea of guilty, you warrant a full one-third discount and that term shall be reduced to 3 years and 8 months’ imprisonment, to which you shall so serve.