|
DCCC 879/2019
[2020] HKDC 442
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 879 OF 2019
____________
| |
HKSAR |
|
| |
v |
|
| |
CHOW YAT FUNG |
(D1) |
____________
| Present: |
Mr George Chu, counsel on fiat, for HKSAR
Mr Stephen Ma instructed by Hastings & Co,
assigned by the Director of Legal Aid, for D1 |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
REASONS FOR SENTENCE
1. D1 pleads guilty to one charge of trafficking in 70.3 grammes of a solid containing 28.17 grammes of cocaine, contrary to section 4 of the Dangerous Drugs Ordinance[1].
2. In summary at around 12:45 a.m. on 3 June last year the police intercepted private car VW 8124 at a roadblock on Castle Peak Road. Ho Tsz Chun was the driver and D1 was the front seat passenger[2].
3. The police searched the car and found three plastic bags containing the cocaine inside the storage compartment in the front passenger door and a box containing $21,500 in the storage compartment (glove compartment) in front of the front passenger seat.
4. D1 was also found in possession of two mobile phones and $200.
5. The estimated street value of the cocaine was around $120,494.
Mitigation
6. In passing sentence, I have carefully considered the written and oral submission of Mr Ma, including that D1, aged 25, once again resorted to trafficking in dangerous drugs due to financial difficulties[3].
7. I have read the mitigation letter written by D1, his mother, his friend and Ho. D1’s parents are in court today to show their support for their son.
Guidelines
8. The courts have equated for sentencing purposes cocaine with heroin[4]. In R v Lau Tak Ming the Court of Appeal laid down guidelines for trafficking in heroin[5]. The court said that the sentence upon conviction after trial where the quantity of narcotic is between 10 and 50 grammes falls within the range of 5-8 years’ imprisonment.
9. On a purely arithmetical approach a starting point of just over 6 years and 4 months’ imprisonment would be appropriate for trafficking in 28.17 grammes of cocaine.
10. 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[6].
11. D1 has one previous conviction for trafficking in dangerous drugs in 2016 when he was sentenced to 4 years and 8 months’ imprisonment. D1 was released from prison on 6 December 2018[7].
12. Adopting a starting point of 6 years and 4 months’ imprisonment I enhance the starting point by 2 months to 6 years and 6 months’ imprisonment.
13. Giving D1 full credit for his plea of guilty he is convicted and sentenced to 4 years and 4 months’ imprisonment.
| |
(D. J. DUFTON) |
| |
DISTRICT JUDGE |
[1] Cap 134.
[2] Ho (D2) pleaded not guilty to the charge and the prosecution asked for the charge against Ho to be left on the file not to be proceeded with without leave of the court or the Court of Appeal.
[3] See §§4-14 of the written mitigation submission.
[4] See Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69.
[5] [1990] 2 HKLR 370.
[6] At page 386E.
[7] See §(f) of the antecedent statement.
|