HKSAR v. LI TAK FUNG

HCCC 492/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 492 OF 2014

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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 charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

The police officers conducted a search in a hotel room and found the defendant with drugs inside. The drugs were found in several hundreds of plastic bags whilst other plastic bags contained sodium bicarbonate, sucrose and other paraphernalia such as metal spoons, metal pots, hammer, chopsticks, cutter, glasses, electronic scale, etc, most of which contained traces of powder containing cocaine. Under caution, the defendant said that he had been asked to keep an eye on the Coke and wait for calls before delivering it.

Upon analysis, the drugs were found to be 28.10 grammes of a solid containing 16.39 grammes of cocaine hydrochloride and 445.37 grammes of a solid containing 318.24 grammes of cocaine. The market value of all the drugs found was in the region of HK$528,000.

The defendant is now aged 21. He has three previous convictions: one of burglary and two of robbery. He had been placed on probation as well as in the detention centre after the probation order was discharged.

By way of mitigation, I was told that the defendant had engaged in various jobs after being expelled from school after Form 1 due to his last incarceration. The defendant in his letter of mitigation told me that he had reflected on his wrongdoing and felt extremely remorseful for what he had done, and he treasured the care and support from his family members. The defendant and his family members all urge the court to treat him as leniently as possible and ask for a chance.

In sentencing drug-related offences, very little credit is given by the court to factors other than the defendant’s guilty plea. The tariff is one based on the weight of narcotics. I have taken in account all that could have been said by his counsel, his guilty plea and all the letters in mitigation. The total narcotics added up together in the present case was in the region of 334.63 grammes, and for trafficking in cocaine, between 200 to 400 grammes, the tariff is one between 12 to 15 years.

I adopt a starting point of 14 years’ imprisonment. He is entitled to the one-third discount for his guilty plea. There is nothing in this case which warrants a further discount. He is sentenced to 9 years and 4 months’ imprisonment.