HKSAR v. GURUNG SAGAR

DCCC 1103/2018

[2019] HKDC 180

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1103 OF 2018

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Reasons for Sentence

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

2.  At about 2.22 pm on 20 September 2018, police officers intercepted the defendant outside No 516 Shanghai Street and conducted a body search.  Upon search, a transparent plastic bag (“Exhibit 1”) containing numerous small packets was found inside a red clutch bag carried by the defendant.

3.  The defendant was further found to be in possession of $2,000‑odd and small cash of Macau Pataca and 2 mobile phones at the time of arrest.

4.  Under caution, the defendant admitted in Punti that he was delivering the dangerous drugs for someone and there were 3 more packets of dangerous drugs hidden in his underpants.

5.  Upon a further body search, a transparent plastic bag (“Exhibit 2”) containing 3 small packets of suspected dangerous drugs was found hidden under the defendant’s underpants.  Under caution, the defendant stated that the 3 packets found were the dangerous drugs he referred to earlier.

6.  The Government Chemist confirmed that Exhibit 1 contained 40 plastic bags containing a total of 6.99 grammes of a solid containing 4.31 grammes of cocaine, and Exhibit 2 contained 3 plastic bags containing a total of 0.51 grammes of a solid containing 0.32 grammes of cocaine.  In total, 7.5 grammes with a narcotic content of 4.63 grammes of cocaine was found.

7.  The defendant now admits possession of the dangerous drugs for the purpose of unlawful trafficking.

8.  The defendant is aged 19 and has 3 previous convictions, including 2 in 2015 of assault occasioning actual bodily harm where he was put on probation, and then in 2016, in breach of probation order, he was then sentenced to rehabilitation centre.

9.  Mr Pickavant submits that the defendant is a tall and athletic young man, representing Hong Kong for junior basketball teams, but he had a volatile temperament, and had been sentenced to boys’ home and rehabilitation centre.  The defendant now regrets so much for the present offence and further stated that for the 3 packets found from the underpants, they were for his own use.

10.  While the training centre report is positive, the defendant would rather be in prison than going there, and hopes for a lenient sentence.

11.  Trafficking in a dangerous drug is a very serious offence.  In the Court of Appeal in AG v Pedro Nel Rojas CAAR 15/1993, the guideline in R v Lau Tak Ming CACC 230/1989 was adopted which stated that for trafficking in cocaine up to 10 grammes, 2 to 5 years’ imprisonment shall be imposed.

12.  In the present case there were altogether 43 plastic bags containing 4.63 grammes of cocaine, the facts were serious.

13.  According to the above case, imprisonment for 3½ years or more could be imposed.  However, the defendant is just 19 years old and has pleaded guilty at the earliest opportunity, showing full co‑operation to the police in revealing all the particulars, and the training centre report is favourable to him, and yet the defendant prefers imprisonment.

14.  However, given his young age, for imprisonment after guilty plea, the length of which would be comparable to that for serving in the training centre, not to mention that considering that he had no previous drug-related conviction, so in the interest of his rehabilitation, which is best to the defendant, I consider it more appropriate for him to be sentenced to training centre instead.

15.  So, for the present charge, the defendant is sentenced to training centre.