HKSAR v. TANG CHO CHUK

 DCCC161/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.161 OF 2011

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Reasons for Sentence

1.  The defendant faces one charge of trafficking in dangerous drugs. The drugs involved is 2.7g of “ICE”. The defendant pleaded guilty to the charge, admitted to the summary of facts and was duly convicted.

Facts

2.  The defendant was stopped and searched at around 9:40pm by Police officers and the dangerous drugs, together with 15 plastic bags and one electronic scale were found on him.

Previous

3.  The defendant has a clear record.

Mitigation

4.  The defendant was born on 14^th December 1990 in mainland China. He is educated up to Form 1 and came to Hong Kong in 2005. The defendant was 20 years and 4 days old when he committed the offence.

5.  The defendant lives with his mother. He has 2 fathers. His natural father is paralyzed and lives in the mainland with the defendant’s elder brother and an elder sister. The defendant and his siblings contribute money towards supporting their natural father.

6.  The defendant’s mother is 47 years old. She was married to the defendant’s stepfather. The defendant’s stepfather, who was 73 years old, passed away on 14^th March 2011.

7.  The defendant is a drug addict. He has been using various soft drugs for nearly 2 years. Despite that, from the letter of the defendant’s employer produced in court, we can see that he is a responsible worker and his employer is willing to re-employ him upon his release from prison.

8.  A letter from District Board members was also produced in mitigation, giving a general background of the plight of the defendant and attesting to the good nature of the defendant.

9.  The defendant is a drug addict. The letter from the social worker of ELCHK Enlighten Centre confirmed that the defendant had some insight into his problem and had sought help from them as early as June 2009. The defendant however was not successful in fighting off his drug dependency.

10.  The defendant was working as a plumber for Chun Wo Construction Company, earning between $12,000 and $13,500 per month. He contributes about $6,000 to $7,000 in support of his family, including his father in mainland China.

11.  The defendant’s mother is 47, she is a housewife. She has a kidney condition which prevents her from working. That is why she has to rely upon the financial assistance of the defendant.

12.  The defendant is remorseful, wish for a chance to turn over a new leaf. The legal representative of the defendant invited the court to call for a DATC report, citing the defendant’s clear record and age as factors to depart from the well established sentencing guidelines in relation to trafficking in ICE.

Sentencing tariff

13.  In the case of AG v Ching Kwok-hung [1991] 2 HKLR 125 at 130E-G, as corrected by HKSAR v Capitania Edwin F., CACC 28/2004, the sentencing tariff for trafficking in ICE was stated by the Court of Appeal as,

(1)  “up to 10 grammes – 3 to 7 years’ imprisonment;”

Sentence

14.  Having heard the defendant’s mitigation, I find that there is nothing to allow me to depart from the guideline sentence. The defendant is of clear record but that is not a factor that would allow this court to depart from the guideline sentence. The defendant is relatively young but does not fall into the extreme youth category where young age itself can become a reason for departing from the guideline sentence.

15.  In our present case, the amount of ICE is 2.7g. I will adopt a starting point of 48 months’ imprisonment. I will grant the defendant the full one third discount in recognition of his guilty plea and sentence him to 32 months’ imprisonment.