HKSAR v. CHEUNG TSZ CHUNG

 DCCC915/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 915 OF 2009

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Reasons for Sentence

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1.  You are of young age. General principle of sentencing is that you should not be sent to prison unless this would be a last resort.

2.  In the case of drug trafficking my hands are tied. The sentencing guideline was laid down quite rigidly in Court of Appeal cases. Its emphasise is on deterrent and on punishing side rather than on reforming side for the offence.

3.  Your upbringing and your family circumstances, is nothing exceptional, exceptional in the way that enable me to depart from the norm, immediate custodial sentence. Of course, all this would have some mitigating effect to enable me to pass a less severe sentence.

4.  Put it simply, putting aside your mitigating factor, the length of sentence this offence will attract depends on the form of trafficking and the quantity of the drugs involved. As you may have already heard my dialogue with counsel for the prosecution, and your own counsel, the range is from 4 to 6 years.

5.  Speaking only of the quantity, you were very close to the upper end of the range. The other factors, the form of trafficking should also be looked at. At one time I thought you said you are a member of a group involved in trafficking. In that case, it would make the offence more serious.

6.  I pointed that out, and you did not raise any explanation. I will construe it in your favour that it does not mean that. But let me tell you, it came very close to saying exactly the same thing. You said, “Until a few months earlier, I came to know about a group of bad friends and came into contact with drugs and made me change my life.”

7.  If they were not traffickers I doubt very much how could they change your life? Whether they are bad or not is a matter of relatively speaking - you are saying they are worse than you. If your friends are simple drug users, how could you describe them as “bad influence”?

8.  Anyway these statements are unclear. I will not take it against you. I just want to demonstrate how foolish you are thinking that you can make a better mitigation than your lawyer.

9.  I do not see any remorse in your part, apart from the fact that you pleaded guilty. You are remorseful because you were caught. There are ways open to you to have - further mitigating factors. I do not need to spell out in open court.

10.  I do not know whether anyone present in court would prevent you from using the mitigation factors if there is such a occasion you can tell your counsel and let me know.

11.  So the only mitigating factors are those that I have already said which I can repeat simply. You are young. It is the first time you go to prison. You are young; you came from a broken family and your grandmother must be very fond of you and she was in poor health. I can be lenient but there is a limit.

12.  I think 5 years’ imprisonment is the starting point and taking into account all the factors I have mentioned and that you are entitled to one-third for your remission, which again, laid down quite rigidly by the Court of Appeal. And do not think you should thank me for this leniency, my hands are also tied.

13.  So in total one-third remission that would mean 40 months’ imprisonment. Let me remind you that I have treated the form of trafficking is nothing more serious than a usual one. No less serious than the usual one because I have not been given sufficient information. 40 months’ imprisonment.