HKSAR v. YEUNG TSZ HIN

HCCC 339/2017

[2018] HKCFI 263

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCES

CRIMINAL CASE NO 339 OF 2017

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT:

The defendant pleaded guilty to one count of trafficking in 79.82 grammes of cocaine at Eastern Magistrates Court on 11 September 2017. He was committed to this court for sentence.

On 22 December 2016, at about 10.30 pm, a team of police officers stopped the defendant outside Tai Wo Shopping Centre, the defendant escaped. After a chase, the defendant was finally arrested inside a subway in the vicinity of Tai Wo Estate Neighbourhood Community Centre. The officer found a plastic bag in his left front trousers pocket. Inside were 107 plastic bags of some solid. On analysis, it contained 18.9 grammes of cocaine. In the defendant’s backpack, the officer found a green bag with four plastic bags inside. There were some solid in the four plastic bags. The solid contained a total of 60.92 grammes of cocaine.

In a later video interview, the defendant admitted that about 8 pm on the same day, he bought the cocaine in his pocket from Tai Fai for $8,000 for his own consumption. He did not know anything about the content in the green bag. The defendant’s DNA was found on the green bag after subsequent analysis.

According to the police, the market price for this quantity of drug was about $94,000.

The defendant is 22 years old. He is single. He completed Form 3 education. He was construction site worker earning about $10,000 per month. He has one previous conviction for gambling. He was a drug addict at the time of the offence.

Counsel for the defendant, Mr Chan Siu-ming, pointed out that the defendant became an addict about a year ago. He committed the present offence for a reward to support his addiction. The parents wrote to this court, accepting responsibilities for not giving proper guidance to their son. They are both busy at work. Social Worker Mr Chan urges this court to be lenient. In his letter to this court, the defendant shows great remorse. He pleads for a chance to retain his supportive family.

The sentencing tariff in HKSAR v Lau Tak Ming is applicable. For the 79.82 grammes of cocaine, the starting point should be 8 years and 10 months’ imprisonment. Mr Chan fairly indicated that there might be a small proportion for own consumption but it would not be significant to have any effect on the final sentence. Given the above, there is no further ground for reduction, I deduct 3 years for his plea.

I sentence the defendant to 5 years and 10 months’ imprisonment.