HKSAR v. Liu Ka Lun

DCCC 927/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 927 OF 2016

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REASONS FOR SENTENCE

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

Summary of Facts

2.About 8:15 p.m. on 14 July 2016, PC 9742 (PW1) stopped the defendant for enquiry outside Ground Floor, Ching Tao House, Cheung Ching Estate, Tsing Yi.

3.Upon search, PW1 found in the defendant's right front jeans pocket a black plastic bag.  The black plastic bag contained a transparent resealable plastic bag which contained 23.9 grammes of a solid containing 22.7 grammes of cocaine (E1).  Only 2 mobile phones were also found on the defendant.  He carried no cash or credit card with him.

4.Under caution, the defendant said "Ah Sir, give me a chance.  The 'Hor Lok' was for my consumption."  He remained silent in his video recorded interview. His residence in Tsz Wan Shan was searched later on in the same evening; nothing suspicious was found. 

5.The defendant now admits that he possessed E1 for the purpose of unlawful trafficking.

Mitigation & Sentence

6.The defendant is 33 and divorced. He has 4 conviction records, which included 1 offence of "drug trafficking".  Defence solicitor Mr. LAM informed me that the defendant and his ex-wife have a son (aged 8), who suffers from dyslexia.  The defendant worked in a noodle restaurant until 1 July 2016, earning $14,000 per month.

7.In mitigation, Mr. LAM submitted that the defendant has been a long-term cocaine user.  When he was released from prison last year, he was depressed and wanted to earn some quick money to support his family and to feed his own drug habit.  Mr. LAM claimed that half the quantity of E1 was for the defendant's own consumption.

8.Letters written by the defendant and his family members were placed before me; their contents are duly noted.

9.A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment.

10.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 of cocaine, the sentence ranges from 5 to 8 years' imprisonment.  In the present case, the defendant trafficked in 22.7 grammes of cocaine.  The appropriate starting point is 69 months.

11.Regarding the claim for self-consumption, I have reminded myself of the relevant sentencing principles[1]. There is some evidence which suggests that the defendant was a cocaine user[2].  In relation to the quantity claimed for self-consumption, although the prosecution takes a neutral view, there is no evidential basis to support such a claim.  The defendant was found carrying E1 in Tsing Yi; whereas his residence was in Tsz Wan Shan. Nothing suspicious was found at his residence.  In the circumstances, the defendant was likely acting as a courier.  I am prepared to reduce the sentence to 63 months[3] to reflect the discount for self-consumption.

12.Finally, a one-third discount is given for the guilty plea, reducing the sentence further to 42 months.   Apart from this, I see no other mitigating factors which warrant any further reduction.  I sentence the defendant to 42 months' imprisonment.