HKSAR v. KWOK CHUN LEUNG, KELVIN

Reasons for Sentence

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The charge and facts

1.  The defendant pleads guilty to the charge of trafficking in a dangerous drug.  In the evening of 20 November 2008, the police found the Defendant suspicious when he was leaving the building situated at No. 405 Nathan Road at about 10:22 p.m.  They followed him until he suddenly fled.  They chased up and stopped him.  A body search on him revealed one transparent bag containing white substance inside the front pocket of his trousers.  After arrest and caution, he said someone had given him HK$500 for taking it to a black vehicle at the “Element”.  The government chemist certified that it contained 27.11 grammes of a solid containing 18.35 grammes of cocaine.  

Mitigation

2. The Defendant is 25 years of age.  He has received F. 2 education in Hong Kong.  He has done various unskilled casual jobs.  He lives with his mother and younger brother.  His father has divorced with his mother.  He has, among others, 1 previous conviction for possession of a dangerous drug in 2008.  He committed the present offence because he did not earn enough for his living expenses.   

The sentencing guidelines

3. In Attorney General v Rojas [1994] 1 HKC 342, Silke VP equated the impact of cocaine with heroin.  The sentencing guidelines in R v Lau Tak-ming [1990] 2 HKLR 370 would be directly applicable as follows:

（1）Below 10 grammes of heroin, 2 to 5 years’ imprisonment;

（2）10 to 50 grammes, 5 to 8 years；

（3）50 to 200 grammes, 8 to 12 years；

（4）400 to 600 grammes, 15 to 20 years；

（5）over 600 grammes, 20 years upwards.

The sentence I pass

4. The charge involved 18.35 grammes of grammes.  It falls within the range of 5 to 8 years’ imprisonment according to Lau Tak-ming (supra).  I do not regard any other sentencing options appropriate.  The Defendant was a courier.  I take a starting point of 5 years and 6 months.  I give a one-third discount for the plea of guilty.  There are no other mitigating factors.  The sentence is 3 years and 8 months.