HKSAR v. CHAN SIU PUI, KEVIN

DCCC 863/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 863 OF 2013

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Reasons for Sentence

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1.  The defendant has pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

2.  The facts of the case are very straightforward. At about 1.30 am on 10 July 2013, a plainclothes police officer saw the defendant in the Sham Shui Po area.  He thought the defendant looked and acted suspicious, so stopped the defendant.  After a search of the defendant, the police officer found a tissue wrapping which had in it a plastic bag containing what was later determined to be cocaine; to be more specific, 11.98 grammes of a solid containing 9.43 grammes of cocaine.

3.  The defendant was then arrested for trafficking in a dangerous drug.  Under caution, the defendant immediately and frankly admitted he was trafficking that amount of cocaine for a reward of $500.

4.  At the time of his arrest, the defendant only had $16.80 on his person.  Later, again under caution, the defendant further admitted that he was acting as a drug courier for a person called “Ah Keung”.  He had recently met “Ah Keung”, and earlier on that day “Ah Keung” had asked him whether he wanted to make some quick money.  He agreed, and collected drugs in Sheung Shui and took them by taxi to Sham Shui Po, where he was then arrested.

5.  He told the police that he himself had been taking drugs, namely “Ice”, for about 18 months.

6.  The street value of this quantity of cocaine was about $11,500.

7.  The best mitigation today is the defendant’s plea of guilty.  He is not a man of clear record, but he only has one previous relevant record, and that is a possession of dangerous drugs conviction in 2012.  He was sentenced to a drug addiction treatment centre order.

8.  I have heard full mitigation today, and heard the defendant’s reasons for agreeing to act as a drug courier for a reward.  In short, he was unemployed at the time and had run out of his savings.  He was at that time living with his girlfriend, who was on some sort of public assistance.  She herself was not well and was suffering from depression.  I have heard today that she is now serving a drug addiction treatment centre order.  She herself must also have a drug problem.

9.  I have also had a letter from the defendant.  It expresses remorse and accepts responsibility for his actions.  It also expresses the defendant’s determination to quit dangerous drugs.

10.  The defendant is 38 years old.  He is mature enough to make a decision to quit dangerous drugs if he really has such a determination.  Alternatively, he is mature enough to seek help for a drug problem if he does not want to go in and out of prison or drug addiction treatment centre.  He has not been involved with dangerous drugs all his life, so knows what it is like to live without dangerous drugs.  The defendant says in his letter that he is determined to stay away from drugs, and I sincerely hope he can see it through.  Defence counsel has said all he can on behalf of the defendant.

11.  There are guidelines where trafficking cocaine is concerned, and it is aligned with the guidelines for trafficking heroin, and that relevant authority is R v Lau Tak Ming and Others [1990] 2 HKLR 370.  Where up to 10 grammes of cocaine or heroin is trafficked, a 2 to 5 year term of imprisonment is appropriate.

12.  Defendant, please stand up.  I have taken into account the quantity of dangerous drugs, 9.43 grammes of cocaine, the facts of the case, the defendant’s co‑operation, mitigation put forward, and the defendant’s background.

13.  Having considered all of those relevant factors, as well as the guidelines, I will take 4 years as the starting point.  The defendant is entitled to a discount of one‑third for his plea.

14.  Accordingly, you, the defendant, are sentenced to 2 years and 8 months’ imprisonment.  Do you understand that sentence?

DEFENDANT: Understood.