HKSAR v. Li Wing Hon

DCCC 1093/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1093 OF 2016

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REASONS FOR SENTENCE

1.Li Wing Hon you have pleaded guilty to one joint charge of trafficking in 35.60 grammes of a solid containing 24.41 grammes of cocaine with Hung Hin Ming[1], contrary to section 4 of the Dangerous Drugs Ordinance[2].

2.In summary in the evening of 20 September last year the police intercepted you and Hung near the taxi stand outside Mei Fung House in Tai Wai.  The police found two transparent plastic bags containing the cocaine in a paper box held by you.

3.Under caution and in a subsequent video interview you admitted that Hung asked you to deliver the cocaine to his customer in return for a reward of $2,000.

Mitigation

4.In passing sentence, I have carefully considered everything said on your behalf by Ms Hung, including that you agreed to deliver the drugs because of financial difficulties arising from borrowing money to pay for the medical expenses of your mother and the education fees of your younger brother.  I have read your letter of mitigation and the letters from your mother, fiancé and Mr Chan of the Lei Cheng Uk Residents Association where you live. 

Sentence

5.The courts have equated for sentencing purposes cocaine with heroin[3].  In R v Lau Tak Ming[4]the Court of Appeal laid down guidelines for trafficking in heroin.  The court said that the sentence upon conviction after trial where the quantity of narcotic is between 10 and 50 grammes is between 5 and 8 years imprisonment. 

6.Ms Hung refers the court to a previous sentence in the District Court where a starting point of 6 years was taken for trafficking in 21.66 grammes of cocaine[5].  Taking into account this is your first conviction for trafficking in drugs, I am satisfied the proper starting point after trial for 24.41 grammes of cocaine is also 6 years imprisonment.  Giving you full credit for your plea of guilty you are convicted and sentenced to 4 years imprisonment.