HKSAR v. LAM HOI LOK

DCCC 1061/2020

[2021] HKDC 788

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1061 OF 2020

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Reasons for Sentence

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

2.  The particulars of the charge are that he on 17 August 2020, whilst on board a vehicle on Sai Sha Road, Sai Kung, New Territories, unlawfully trafficked in a dangerous drug, namely 23.5 grammes of a solid containing 22.1 grammes of cocaine. 

3.  The facts are straightforward.  In the early hours of the morning of 17 August 2020, the police set up a roadblock at the said location and at 2.28 am intercepted a vehicle in which the defendant was the only passenger and sat in the front passenger seat.  Both the defendant and the driver were asked to alight from the vehicle to be searched.  A police officer found $2,000 cash in the defendant’s left front trouser pocket and in his bag a black and silver-coloured electronic scale, some cash and a red iPhone. 

4.  The vehicle was also searched and in the glove box were 4 more mobile phones in a bag which the defendant confirmed belonged to him.  A transparent resealable plastic bag wrapped in a white tissue containing the cocaine of this charge was found in the pocket of the front passenger door.  After the drugs were found, the defendant was arrested for possession of dangerous drugs for trafficking.  He admitted under caution that the packet of drugs belonged to him and was for his own self-consumption. 

5.  The defendant agrees that the street value of the cocaine is estimated to have been about $40,800.

Mitigation

6.  The defendant is 19 years old, single and had been unemployed at the time of the offence since early 2020.  His parents are divorced and he lives with his mother.  He has two previous convictions.  On 26 March 2015, he was convicted of trafficking in dangerous drugs and conspiracy to traffic in dangerous drugs and sent to reformatory school.  He was 14 years old at the time.  His best mitigation today is his plea of guilty indicated at the earliest opportunity. 

7.  Defence counsel, Mr Wong, has said all he can say on behalf of this defendant.  The defendant under the influence of undesirable peers agreed to carry the cocaine from Tin Shui Wai for a financial reward. 

8.  Today, I have a letter from the defendant and in particular, he apologises for disappointing his family.  I have also seen a letter from the defendant’s father who is very concerned and asks for leniency.  I have been urged to take into account his young age and family background.

Reasons for Sentence

9.  There are sentencing guidelines for trafficking cocaine.  In the authority of the Attorney General v Pedro Nel Rojas [1994] 1 HKC 342, it was held that the sentencing guidelines in R v Lau Tak Ming and Others [1990] 2 HKLR 370 for trafficking in heroin equally applied in cases of trafficking cocaine.  That is where between 10 to 50 grammes is trafficked, then the tariff and starting point should be between 5 to 8 years’ imprisonment.  Mathematically speaking, trafficking 22.1 grammes of cocaine attracts a starting point of just over 5 years and 10 months. 

10.  Trafficking drugs is a serious offence and in this case, the defendant is 19 years old but not so young that age is a material mitigating factor.  In addition, he has previous similar convictions already.  I see no other relevant mitigating factors other than his plea.  I see no reason to depart from a starting point of 5 years and 10 months’ imprisonment.  The defendant is entitled to a one-third discount which is applied to that starting point of 5 years and 10 months. 

11.  I will round down the sentence to the nearest month.  Accordingly, the defendant is sentenced to 3 years and 10 months’ imprisonment.