HKSAR v. CHEUNG YIU KEUNG

 DCCC1058/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1058 OF 2009

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Reasons for Sentence

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1.  Defendant, you have been convicted of trafficking in cocaine and resisting a police officer in the execution of his duty on the clear compelling evidence of PW1 and PW2 who chased you over a distance of some 200 metres, during which time you discarded the packet of cocaine that you were carrying about your person. You had earlier frustrated a search which was being conducted on you by PW2, whom you pushed out of the way forcefully and attempted to make good your escape.

2.  You are 27 years of age and have one previous conviction for possession of dangerous drugs, when you were given a 3 month suspended sentence of imprisonment and fined. By the commission of the present offences you are in breach of that suspended sentence.

3.  The sentencing guidelines for trafficking in quantities between 10 and 50 grammes of cocaine call for a sentence of between 5 to 8 years’ imprisonment. In your case, the narcotic quantity of cocaine that was in your possession amounted to 16.45 grammes.

4.  Accordingly, on Charge 1, you will be sentenced to a term of 5 years 5 months’ imprisonment.

5.  On the resisting charge, you will be sentenced to 2 months’ imprisonment, which I order to run consecutively to the term of 5 years and 4 months, coming to 5½ years’ imprisonment.

6.  I activate the sentence of 3 months’ imprisonment which was suspended in December 2007 for an offence of possession of dangerous drugs, but due to the question of totality of sentence, I order it to run concurrently to the sentence of 5 years 4 months on Charge 1, arriving at a total sentence of 5½ years’ imprisonment in all.