HKSAR v. CHAN CHEUK HIN

DCCC 1215/2023

[2024] HKDC 1201

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1215 OF 2023

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REASONS FOR SENTENCE

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1.  The defendant has pleaded guilty to a single charge of trafficking in a dangerous drug, contrary to Section 4(1)(a)  and (3)  of Cap 134. The offence was committed on 23 June 2023 in Mong Kok where the defendant was found to be in possession of 22.5 grammes of cocaine in narcotic content and he admits that he had that for the purposes of unlawful trafficking in it.

2.  Some more detail on those facts was the offence was detected in the early hours of the morning of 23 June 2023 when a taxi was intercepted.  The defendant was a passenger found to be acting nervously.  Eventually he was taken aside from out of the taxi, continued to be nervous and at one point tried to run away.  He got away for a short distance but was arrested and handcuffed and then the drugs were found on him in a red packet inside a resealable plastic bag.  That was all found in the right front pocket of the jeans he was wearing.

3.  Defendant made an admission after arrest, he admitted he was bringing the pack of drugs over to Sun Hing Building for another person, so working as a courier.  In his possession were a mobile phone and some $184 were found.  The street value of these drugs at the time was $18,659.20.

4.  As far as the defendant’s background is concerned, he is, according to a background report that I have here, he is 19 years old.  He has a clear criminal record, educated to Form 2 level, completed a Certificate of Vocational Education in Vehicle Mechanics and had been working up until April 2023 in garages.  Prior to his arrest he lived in Sha Tin with his family and has family here today to support him.  So as far as the defendant’s background it seems very simple.  I obtained a background report on him and the description is of a weak and simple-minded person in handling his daily affairs that led to unstable employment.  He said he has confessed his mistakes and has deep remorse after a prolonged remand.

5.  It is a very unfortunate situation, defendant is very young, very inexperienced, fell in with some triad elements at school when he committed this offence without any real understanding, it would appear, of the nature of what he was involving himself in and how serious it was and how he was likely to be arrested in respect of this kind of offence.  So a rather sad story for the defendant.

6.  As far as the sentencing approach is concerned, the trafficking in cocaine is governed by sentencing guidelines.  They are contained in the case of R v Lau Tak Ming which in fact the guidelines for trafficking in heroin but they are the same for cocaine.  Based on the quantity, the starting point for trafficking in between 10 and 50 grammes of this drug is in the range of 5 to 8 years’ imprisonment.  Calculation has been made out to the defence on a mathematical calculation would lead to a sentence in the region of 5 years and 11 months’ imprisonment.

7.  Now in sentencing the defendant, I have to consider this as a discretionary, not a mathematical exercise.  That is clear from the case of HKSAR v Herry Yusuph and I must bear in mind I consider in this case the defendant’s former clear record, his young age, what is described as his weak and simpleminded nature.  I also bear in mind he seems to have family support so we can be optimistic that when he completes his term of imprisonment he may be able to put his life on the right course.  I do bear in mind those factors.

8.  I also have to bear in mind that the guidelines are set out to achieve unanimity and equality in sentencing of various persons and that the court cannot, despite the defendant’s young age, depart too far from those guidelines.

9.  What I shall simply do is, as I said, the guideline for this quantity of drug, that is 22.5 grammes, puts it in the range of 5 to 8 years’ imprisonment.  I shall take the lowest point on the guidelines as a starting point for sentence which is 5 years or 60 months’ imprisonment.  I reduce that to 40 months’ imprisonment to reflect the defendant’s plea of guilty.  That will be the sentence of the court.