HKSAR v. Lo Hon Yin

DCCC 266/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 266 OF 2017

____________

____________

REASONS FOR SENTENCE

1.Lo Hon Yin you have pleaded guilty to two charges of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance[1].

2.In summary in the early hours of 25 December last year you were intercepted by the police when you were leaving Room 2022 on the 20th floor of Wah Cheung House in Wah Fu Estate.  The police found hidden in your right sock and inside your underpants four packets containing a total of 0.78 gramme of a solid containing 0.71 gramme of cocaine (charge 1).

3.You were then taken to Room 2022 where the police found inside a pair of Nike sports shoes twenty-four packets containing a total of 14.89 grammes of a solid containing 13.57 grammes of cocaine (charge 2).

4.The police also found one electronic scale and 119 transparent re-sealable plastic bags on the TV cabinet.

Mitigation

5.In passing sentence, I have carefully considered everything said on your behalf by Mr Iu as particularised in his written submission, including that you wanted to earn quick money because your family were being disturbed by debt collectors.    

6.I have read your mitigation letter together with the letters from your mother; your former badminton coach and two social workers, all of whom speak very highly of you.  I take into account you have no previous convictions.

Starting point

7.The courts have equated for sentencing purposes cocaine with heroin[2].  In R v Lau Tak Ming the Court of Appeal laid down guidelines for trafficking in heroin[3].   Where the quantity of narcotic is up to 10 grammes the sentence upon conviction after trial is between 2 and 5 years and where the quantity of narcotic is between 10 and 50 grammes sentence falls within the range of 5-8 years.   

8.Taking into account this is your first conviction I am satisfied the proper starting point after trial for 0.71 gramme of cocaine is 2 years’ imprisonment and for 13.57 grammes of cocaine is 5 years’imprisonment.

9.You told the police all the drugs were for your own consumption.  By your plea you have admitted the drugs were for trafficking.  Mr Iu confirms that none of the drugs were for your own consumption and that although you have had experience with cocaine you stopped quite a long time ago. 

Totality

10.I accept the cocaine found on you when leaving room 2022 was part of the same cache of cocaine found in room 2022.  In the circumstances I am satisfied concurrent sentences are appropriate. 

11.Giving you full credit for your pleas of guilty you are convicted and sentenced to concurrent sentences of 1 year and 4 months’ imprisonment on charge 1 and 3 years and 4 months’ imprisonment on charge 2.  Total sentence to be served by you is 3 years and 4 months’ imprisonment.