HKSAR v. CHOW YAN TAT

DCCC441/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 441 OF 2011

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Reasons for Sentence

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1.  The defendant has pleaded guilty to two charges of trafficking in a dangerous drug, the drug being cocaine in respect of both charges and the offences being committed on the same day. The defendant has agreed the facts of the case and I have convicted him on both charges.

2.  The facts show that the defendant was stopped and arrested outside a premises in Mongkok, Sai Yeung Choi Street.  In the pocket of his trousers a resealable plastic bag with 67 resealable plastic bags inside it containing 18.58 grammes of a solid containing 12.62 grammes of cocaine was discovered. 

3.  Under caution the defendant said he was bringing the drugs to earn $500.  There was a subsequent search of the premises outside which the defendant was arrested and to which he had the keys and further quantities of cocaine were found inside the flat together with empty resealable plastic bags and an electronic scale.  The total quantity involved as set out in the 2nd charge is 22.13 grammes of cocaine.  The defendant admitted that he possessed the cocaine found inside the flat for the purpose of trafficking. 

4.  As far as the defendant’s previous criminal record is concerned, he is a young man, he is 19 years old.  He had a conviction for shoplifting in 2008 for which he was placed on probation, and then in 2009 for theft for which he was placed on 100 hours community service. For a person of such an age, only 19, obviously they do not have lengthy antecedents.  He has been a salesman.  At the time of his arrest he was working as a vehicle attendant and was earning $8,000-odd a month.  He has been up until his arrest living with his mother and sister in Kwai Chung in a privately rented property, with his sister earning $16,000 paying money towards the rent of 11,000.  His mother looks after the premises.  Unfortunately for him, his father is in the Mainland receiving treatment for an illness. 

5.  The defendant said he told the police that he was not a drug addict and he had no triad background.  The defendant has told both police and counsel that he was involved in storing and looking after the goods found in the flat and delivering them and he would receive some $500 each time he made a delivery.

6.  The defendant has written a letter to me.  He sets out his personal circumstances.  He is clearly remorseful.  The major factor in terms of the defendant’s sentencing, of course, is his relative youth.  I have said already he is 19 years old, he is a very young man.  And in terms of the length of sentencing the courts are constrained by the recommendations from the Court of Appeal, the tariff sentences and the length of sentencing for quantities of this amount of drug mean that a sentence of imprisonment is really the only alternative sentence that I can consider for this defendant and to the defendant’s credit he seems perfectly aware of that himself. 

7.  I will turn to the sentencing on the particular charges.  On the 1st charge the quantity is 12.62 grammes of cocaine, falling within the 10 to 50 gramme range, warranting a sentencing of between 5 and 8 years’ imprisonment.  This is certainly a starting point of between 5 to 8 years. 

8.  On the 1st charge I will take a starting point of 5 years’ imprisonment which is 60 months’ imprisonment.  After deduction of one-third for the defendant’s plea of guilty that leads to a sentence of 40 months’ imprisonment which is 3 years 4 months’ imprisonment. 

9.  The 2nd charge involves a quantity of 22.13 grammes of cocaine, again within the 10 to 50 gramme range but further up on that range.  I consider the appropriate starting point for sentence on this charge one of 6 years’ imprisonment.  After deduction for the defendant’s plea of guilty that leads to a sentence of 4 years’ imprisonment.  

10.  Now, the offences were committed on the same day and involve the keeping of a quantity of drug and the delivery of parts of that.  The total quantity is 34.75 grammes of cocaine which would put it in the middle part of the band of 5 to 8 years, so I do have to consider to what extent the sentences on the two charges should be served consecutively or concurrent. 

11.  Of importance here is the defendant’s age, 19 years old, his remorse been shown and his plea of guilty and the fact that the sentencing on these two charges can effectively be taken together. 

12.  Taking all those factors into account I consider that the sentences should be served concurrently leading to a total sentence of 4 years’ imprisonment and that is the sentence I have imposed.