HKSAR v. HO KA LEONG

DCCC172/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 172 OF 2012

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Reasons for Sentence

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1.  The defendant pleaded guilty to one count of trafficking in 7.86 grammes of cocaine and was convicted accordingly.

2.  It is the prosecution’s case that at about 3 am on 24 December 2011 a party of police officers spotted the defendant acting suspiciously in Ling Shan Tsuen, Fanling.  The defendant was intercepted, and upon search, a bottle was found.  Inside the bottle, police found one transparent resealable plastic bag containing 37 small resealable bags.  Those small bags contained suspected dangerous drugs.

3.  Under caution the defendant claimed that the cocaine was for self-consumption.

4.  Upon chemical analysis, the 37 plastic bags were found to contain a total of 9.23 grammes of a solid containing 7.86 grammes of cocaine.  The estimated street value of the dangerous drugs was $10,800-odd.

Mitigation

5.  Counsel for the defendant submitted that the defendant started to abuse cocaine and ketamine for about 4½ years.  He has spent 4 months in custody for this offence already.  The defendant has a good family background.  When asked, defence counsel submitted that the defendant was to be rewarded with $1,000 for repayment of debt.

Sentence

6.  The defendant is aged 18 years old and was a student at the time of arrest.  Once again, young persons are being made use of or even exploited by drug dealers or traffickers to traffic dangerous drugs. The defendant was caught red-handed and he is wise to plead guilty to the charge, as the important mitigating factor is his guilty plea.  That would entitle the defendant to a one-third discount in sentence.

7.  I have considered the mitigation put forward by counsel for the defendant and the circumstances of the case.  Originally, I inclined to treat this young person leniently.

8.  Drug trafficking offence is an acceptable offence under section 109A of and schedule 3 to the Criminal Procedure Ordinance, Cap.221.  As such, despite the young age of the defendant, this court is not obliged to call for other reports and could consider sending the defendant to jail. 

9.  As accepted by defence counsel, it is an aggravating factor for the defendant to commit the present offence while on probation.  The defendant was convicted of one count of possession of dangerous drug on 1 December 2011 and was put on probation for 12 months.  I was told that that offence involved 7.9 grammes of ketamine.  Regrettably, the defendant ignored this golden chance to reform and rehabilitate himself and did not treasure the lenient sentence imposed by the learned magistrate.  Instead, the defendant committed the present offence on Christmas Eve, just 23 days after he was put on probation.  Clearly, the defendant did not realise the gravity of the offence.  Not only was he a drug abuser or dependant, he was also involved in drug trafficking activities.

10.  The sentencing guideline for trafficking in less than 10 grammes of cocaine is 2 to 5 years.  In the present case, the cocaine involved is 7.86 grammes and it would attract 3½ to 4 years’ imprisonment. 

11.  The court needs to send a clear message to those young traffickers that they would not receive and should not expect leniency from the courts when they commit drug offences.  Those convicted need to pay a high price for what they did which has caused so much harm to society, particularly to those youngsters.

12.  Taking all factors into consideration, I would adopt a starting point of 3½ years.  With his guilty plea, I reduce the sentence to 28 months.

13.  Following from this sentence, I would also revoke the Probation Order made in December 2011.