HKSAR v. LAU WING WA

DCCC 367/2023

[2024] HKDC 393

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 367 OF 2023

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REASONS FOR SENTENCE

The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is cocaine.

Summary of Facts

2.  About 2:23 a.m. on 16 November 2022, police officers saw the defendant entering the 7-Eleven store situated at Shop A, Ground Floor, Nos.8-10 Hankow Road ("the Store").

3.  About 2:38 a.m. on the same day, police officers searched the defendant outside the Store, but nothing illegal was found.  They then searched the Store and found 2 plastic bags wrapped in tissue hidden behind some bottled drinks placed on a rack next to the pillar of the Store.  The 2 plastic bags respectively contained: (i)  50 plastic bags which contained a total of 8.74 grammes of a solid containing 8.01 grammes of cocaine (collectively E1); and (ii)  50 plastic bags which contained a total of 8.83 grammes of a solid containing 8.08 grammes of cocaine (collectively E2).

4.  CCTV footage of the Store captured the defendant taking out E1 and E2 from his left sleeve and placing them behind the bottled drinks.

5.  The defendant now admits that he had unlawfully trafficked in a dangerous drug, namely E1 and E2.

Mitigation & Sentence

6.  The defendant is 19 and single.  He has 3 conviction records, which included 1 "simple possession" offence.  He was sentenced to a Drug Addiction Treatment Centre for a "Criminal damage" offence; and 3 weeks' imprisonment for "simple possession".  Defence solicitor Ms. Lam informed me that the defendant was a casual delivery worker.  He resides with his mother and elder brother.

7.  In mitigation, Ms. Lam submitted that the defendant's mother is not in good health.  She needs to attend medical appointments regularly.  Owing to the bad influence of undesirable friends, the defendant committed the present offence in order to earn some quick money.  He has learned his lesson and is determined to reform himself.  A bundle of mitigation letters was placed before me; their contents are duly noted.

8.  Drug abuse has been a long-term problem in our society.  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime (be it in the capacity of a seller, courier or storekeeper)  and that drug traffickers (even fresh young offenders)  would most certainly be punished by long-term imprisonment.

9.  Although the defendant is under 21, by virtue of section 109A(1A)  of the Criminal Procedure Ordinance (Cap.221), I need not obtain any pre-sentencing report.  I accept that as a general principle, rehabilitation (rather than punishment)  plays an important role in reforming young offenders.  On the other hand, as a judge, I see day in and day out persons in my court being charged with "drug trafficking".  Many of them were just like the defendant – persons in their late teens or early 20s who got involved with dangerous drugs for various reasons.  The court must make it clear that young age is hardly a mitigating factor in drug trafficking cases.

10.  When young people realize that the court would not treat young drug traffickers lightly, there would be, hopefully, fewer willing teenagers; thus making it difficult for criminals to exploit our youngsters.  Unless the quantity of dangerous drugs involved is minor or exceptional circumstances exist, a wrong message would be sent to young people if they could avoid imprisonment owing to their age.  Undoubtedly, most of them are "used" by bad persons (or so they claim).  That is the reason why we need to make young people think twice before they agree to be "used".

11.  The Court of Appeal has laid down clear sentencing guidelines for trafficking in cocaine (see Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69 and The Queen v Lau Tak-ming & others [1990] 2 HKLR 370).  For 10 to 50 grammes, the range is 5 to 8 years' imprisonment.

12.  In the present case, the defendant trafficked in 16.09 grammes of cocaine.  Applying a strict arithmetical approach, the starting point should be 65 months' imprisonment.  For ease of calculation, I adopt 63 months as the starting point.  With the timely guilty plea, the sentence becomes 42 months.   Apart from this, I see no other mitigating factors which warrant any further reduction.  I sentence the defendant to 42 months' imprisonment.