HKSAR v. YEUNG KEI YIU

DCCC 470/2023

[2023] HKDC 1813

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 470 OF 2023

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REASONS FOR SENTENCE

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1.  The defendant pleaded guilty to a single charge of trafficking in a dangerous drug, namely 23.9 grammes of a solid containing 21.5 grammes of cocaine.

2.  The defendant was stopped and searched by police officers at 1735 hours on the day of the offence outside a public housing estate building.  He appeared nervous and used his hands to cover his lower body parts.  He asked the police officer for a chance.  Thereafter he took out a piece of tissue paper from his underpants, which contained a transparent resealable plastic bag with 23.9 grammes of a solid containing 21.5 grammes of cocaine.  The defendant told the police that he was asked to deliver the dangerous drugs to the said housing estate.  Under caution, the defendant further stated that he would be given a reward of HK$500 for the said delivery.  The estimated value of the cocaine seized was around HK$24,569.

The Defendant’s Antecedent Statement and Mitigation

3.  The defendant is 18 years old and was 17 years old when he committed the offence.  He lived with his parents and elder brother at the time of the offence.  He had completed Form 3 studies, and had been expelled from an apprenticeship training program in June 2022 soon after commencement due to his failure to attend classes, while mingling with undesirable peers.  He had remained idle ever since.  

4.  The defendant has 1 previous conviction record of conspiracy to blackmail and robbery, for which he was sentenced to a probation order of 15 months on 17 February 2022.  He had committed the present offence in breach of the said probation order. 

5.  Defence submitted that the defendant committed the present offence due to the insufficiency of pocket money considering the stringent financial situation of the family, his eagerness to make quick money, his youth and ignorance.

Sentencing Guidelines

6.  According to AG v Pedro Nel Rojas [1994] 2 HKCLR 69, the sentencing guidelines of trafficking in heroin applies to cases of trafficking in cocaine.  Under the sentencing guidelines stated in R v Lau Tak Ming and others [1990] 2 HKLR 370, for narcotic content of 21.5 grammes of cocaine, an arithmetic calculation would arrive at a starting point of 70.35 months.

Sentencing Considerations

7.  I have considered the defendant’s guilty plea and his criminal record, breach of the probation order, his role as a courier, mitigation letters submitted, and all mitigation advanced on his behalf.  Despite the defendant’s age, due to the severity of the offence, the criminal record of the defendant, the breach of probation order, and the short gap from the previous conviction, I am satisfied that imprisonment is the only appropriate sentence in the circumstances.  I will adopt a starting point of 69 months’ imprisonment.  Due to the defendant’s guilty plea, I will reduce it by one third, to a sentence of 46 months’ imprisonment.  I have decided to make a further deduction of 2 months from the sentence due to the defendant’s youth.  The defendant is therefore sentenced to 3 years and 8 months’ imprisonment.