HKSAR v. Ho Chi Chiu

DCCC 1144/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1144 OF 2016

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REASONS FOR SENTENCE

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1.The defendant pleaded guilty to one charge of “Trafficking in a dangerous drug”, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. The dangerous drug involved is 35.90 grammes of a solid containing 23 grammes of cocaine.

Summary of facts

2.On 3 October 2016 at Tai Wo Hau Road, Kwai Chung Estate, New Territories, the defendant was found furtively alighting from a private vehicle CH 1207 and walking towards Kwai Chung Estate Bus Terminus. As a result, he was intercepted by the police.  Upon search, the police found in the right front pocket of the defendant’s trousers two re-sealable plastic bags containing 35.90 grammes of a solid containing 23 grammes of cocaine.

3.Under caution at scene, the defendant said “Ah Sir, I have had no work recently and would like to earn quick money.  Therefore, I brought the goods here for a reward of 500 dollars”. Three mobile phones, cash of HK$18,963 and the car key of CH 1207 were found on the defendant and were seized.

4.During the subsequent video-recorded interview, the defendant said the cash of HK$18,963 found on him was his salary.

5.The street value of the cocaine involved was estimated to be HK$51,588.30.

Mitigation

6.The defendant is now aged 33 and single. He received education up to Secondary 4 level and before the arrest he worked as a truck driver earning HK$28,000 per month. He has 4 previous convictions but none is drug-related. He lives with his mother and a younger brother. I am told that he makes regular contribution to the family.

7.In mitigation, solicitor acting for the defendant, Mr Lui, submitted that the defendant is remorseful and he pleaded guilty at the first available opportunity.  He asked the court to give the defendant a full one-third discount. He explained that the defendant lost his job at the material time and only wanted to make some quick money to support his family. He urged the court to consider imposing a lenient sentence.

Sentence

8.There is no doubt that “drug trafficking” is one of the most serious offences. Any person who commits this offence should be under no illusion that the court will deal with him/her leniently and long-term imprisonment is to be expected even for fresh offenders.  For trafficking cocaine, the Court of Appeal held in Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69 that the tariffs for trafficking heroin in The Queen v Lau Tak Ming & others [1990] 2 HKLR 370 should apply to trafficking in cocaine.  For 10 to 50 grammes of heroin hydrochloride, the sentence should be imprisonment of 5 to 8 years.

9.The defendant trafficked in 23 grammes of cocaine in the present case. Considered all the circumstances including his personal background and the fact that this is his first ever drug-related conviction, I consider the appropriate starting point should be 5½ years ie 66 months.  There is no other mitigating factor other than the guilty plea. According, after giving one-third for the guilty plea, the defendant is sentenced to 44 months’ imprisonment.