HKSAR v. LO CHUN TUNG

DCCC 491/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 491OF 2012

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Reasons for Sentence

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Charge and facts

1.  In the evening, whilst leaving a residential unit in Sham Shui Po, the defendant was intercepted by the police.  In a drawer underneath a sofa inside the unit were found the following items:

(1) 150 plastic bags containing a solid 41.75 grammes containing 37.89 grammes in cocaine;

(2) 1 electronic scale;

(3) 224 empty plastic bags.

2.  After arrest and caution, he admitted that the cocaine belonged to him. The police estimated its street value as over $21,000. 

Personal background and mitigation

3.  The defendant is 36 years of age.  His background report suffers a dearth of information from him.  He had been a delivery worker for several years in the past.  He has 2 convictions for drug but none of trafficking.  Whilst at large, after bail, for 2 years and 7 months, a stroke on 6 March 2012 had exposed him to arrest and reduced him to a left hemiplegic.  Now a tripod has to aid his walk.       

Sentencing guidelines

4.  Traffickers shall face 5 – 8 years’ imprisonment for 10 – 50 grammes of cocaine (Attorney General v Rojas[1994] 1 HKC 342; R v Lau Tak Ming [1990] 2 HKLR 370). 

Sentencing this defendant

5.  I do not regard his absconding from bail or his current physical condition to have any bearing on the sentence today.  He has no other mitigating factors but his plea of guilty.  A starting point of 6 ½ years reduced by one-third ends up in 4 years and 4 months.