HKSAR v. YU CHIK MAN

DCCC784/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 784 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to two charges of trafficking in a dangerous drug contrary to Section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. Both offences were committed on 28 May 2011 at the same location, that is at Kam Po Building, 42-50 Parkes Street, Yau Ma Tei.

2.  The first charge relates to the ground floor to which you trafficked in 47.98 grammes of a solid containing 43.08 grammes of cocaine.  The second charge relates to Flat C on the 2nd Floor of that building, Room 1, to which you trafficked in 3.16 grammes of a solid containing 3.03 grammes of cocaine.

3.  On 28 May 2011 plainclothes officers conducted an operation at the Kam Po Building.  At approximately 8 pm the officers saw you walking towards the building hurriedly.  They intercepted you at the ground floor of the building.  A body search was conducted on you and two plastic bags containing the drugs in Charge 1 were found from your left front trousers pocket and keys to the premises to the 2nd Charge was also found from you.

4.  Upon the execution of a search warrant the officers, brought you up to the premises on the 2nd Floor approximately 10 minutes later.  There they found the drugs contained in Charge 2.  They had also found a lighter, an electronic scale and six empty transparent plastic bags.

5.  When you were arrested and cautioned you admitted that the drugs which were the subject of Charge 1 and contained in two plastic bags belonged to you and you were going to bring them to the 2nd Floor where you would divide them into small packets for sale.  The drugs found in the premises you admitted that they were all packed by you into 11 plastic packets and you intended to sell each packet for $500. 

6.  In a video recorded interview you admitted that you had come across a male by the name of Ah Ming.  You had expressed to him that you were in need of money and Ah Ming then therefore told you to sell these drugs.  The lighter was used to break the cocaine into smaller pieces and the electronic scale was used to weigh and divide the cocaine into 0.3 grammes per packet.  It was an admitted fact the estimated street value of the drugs in both charges amounted to HK$65,510. 

7.  Your counsel Mr John Marray, has mitigated fully and thoroughly on your behalf.  I have taken into account all that he has had to say on your behalf.  You are aged 55 and have nine previous convictions on eight separate occasions, none of which are similar to dangerous drugs.  You have a common-law wife and have a child with her who is now aged 10.  You worked in a nightclub and earned $7,000 to $8,000 a month. 

8.  Mr Marray has explained how you became involved in these two very serious offences.  He said that upon arrest and, under caution, you mentioned that you were in need of money.  At the time you were in financial pressure principally because your brother had a relapse of his illness which I understand is nasal cancer.  As you were trying to help your brother support his family which is a wife and two children and your wife is not working and is looking after your son you therefore shared a heavy burden to support the two families.  You took these drugs to sell as you were working in a nightclub and clearly you knew that many people in the nightclub took drugs and there was an opportunity for you to sell these drugs.  You realise now, that was a clearly wrong step in trying to make easy money.  Through your plea of guilty you have expressed remorse.

9.  I accept that you have never been convicted of any drug offences prior to today.  Your previous offences however are not of a type that are not so serious.  You have been sentenced to imprisonment on a number of occasions.  I am sure that you understood that trafficking in dangerous drugs was a very serious offence and warrants an immediate sentence of imprisonment. 

10.  The amount that you have trafficked in clearly is not of a small amount.  I am sure that your counsel, Mr Marray, has advised you about the tariffs to which this court is guided in sentencing as laid down by the Court of Appeal in the case of Lau Tak Ming.  The total drugs in both charges amount to 46.11 grammes, that is the figure to which I propose to sentence you upon.  However, I am well aware that this is amongst two charges however I will sentence you individually in relation to the two charges.  

11.  Defendant, for the amount of drugs that you had trafficked in had I convicted you after trial, I would have taken a starting point of 7½ years’ imprisonment.  However, you have pleaded guilty and, therefore, you must be given full credit for your plea.  That term shall be reduced by one-third to one of 5 years’ imprisonment.  That will be the total term of imprisonment.  However, I now turn to deal with each charge individually. 

12.  For the 1st Charge, you trafficked in 43.08 grammes of cocaine.  Had I convicted you after trial for that charge I would have imposed a sentence of 7 years and 3 months’ imprisonment and giving you full credit for your plea, reduced that term to 4 years and 10 months’ imprisonment. 

13.  For Charge 2 you trafficked in 3.03 grammes of cocaine, I would have taken a starting point of 2 years and 9 months’ imprisonment had I convicted you after trial, after giving you full credit for your plea of guilty, that term should reduce to 1 year and 10 months. 

14.  Given the totality of the sentence which I imposed was 5 years, I order two months of Charge 2 to run consecutive to Charge 1 making a total of 5 years’ imprisonment.