HKSAR v. Yau Chun Kit

HCCC 122/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 122 OF 2017

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: The defendant has been charged and has pleaded guilty in the Magistrates Court to one count of trafficking in a dangerous drug, namely 59.8 grammes of a solid containing 56.4 grammes of cocaine.

The facts are not unusual in that the defendant was intercepted by police officers in Sha Tin and upon a search of the left front pocket of his trousers, the three bags of dangerous drugs were found. The defendant was arrested and cautioned and he admitted that he was offered $600 as a reward for delivering the drugs.

The dangerous drug has an estimated retail value of $66,438.

The defendant is aged 21 and has a clear record. What is apparent from the defendant’s background is he managed, despite the suffering in his earlier years, to actually keep out of trouble and try and make something of himself. It is clear from the very heart-warming letter written by his supervisor at the estate agency that the defendant has a very kind character, generous and trustworthy. Despite his only working at the agency for four months, Ms Szeto would welcome him back.

So obviously, this young man has made a very good impression. I think the defendant should be proud of himself for that because, despite the lack of parental supervision, he has managed to teach himself the proper guidance in treating his seniors and elders and caring for others.

So I hope the defendant will treat this as a wakeup call to him in order to further better himself whilst he is in prison. There are a lot of courses in prison which the defendant can take on and by the time of his release from prison, he would actually have the skill. The best thing is not to give up on himself.

As defence counsel, Mr Ho, has pointed out, sentencing for drug trafficking cases are serious. I accept that the defendant was used by others as a mule to deliver these drugs and that very often happens. So I hope the defendant has leaned a huge lesson from this.

Now, the sentencing guidelines as stated in Lau Tak Ming and Pedro Nel Rojas is that the guideline for sentencing in trafficking of cocaine should follow that of the sentencing in heroin. The guideline sentencing for trafficking in between 50 to 200 grammes would merit a sentence of 8 to 12 years’ imprisonment after trial.

I have decided to take the lower starting point in this case of 8 years. The defendant has pleaded guilty at the first opportunity and he is entitled to one-third off, which gives a sentence of 5 years and 4 months, but because of the positive good character as evidenced by his supervisor, I would therefore reduce the sentence further to one of 5 years.