HKSAR v. Lai To Yin

HCCC 165/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 165 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 pleaded guilty in the Magistracy to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. He is committed to the Court of First Instance for sentence.

The defendant was intercepted whilst sitting in the driver’s seat of a taxi with the engine on. After a body search, one transparent resealable plastic bag containing cocaine and $15,900 cash were found on him. A further six bags of drugs, two silver electronic scales and 27 plastic bags and 11 transparent resealable plastic bags, which were paraphernalia consistent with trafficking, were found in a rucksack inside the taxi. Under caution, he claimed the drugs inside the rucksack were bought by him for $45,000 for his own consumption.

Upon analysis, the drugs were found to be 167.2 grammes of a solid containing 127.8 grammes of cocaine. The market value of the drugs is around HK$196,000.

The defendant is now aged 36. He has a clear criminal record. By way of mitigation, I was told that prior to his arrest, he was gainfully employed as a taxi driver, earning around $20,000 per month. Shortly before this incident, he was informed that he and his wife would be allocated a flat by the housing authorities and out of stupidity to earn quick money to renovate the new flat, he committed the present offence when he was promised $5,000 as a reward.

Counsel told me the defendant had learned a bitter lesson from this incident and has reflected deeply. He promises to abide by the rules and hopes to be able to contribute back to society after his discharge.

In sentencing the defendant, I have perused all the letters in mitigation and also considered his guilty plea, mitigation forwarded by counsel and the existing tariff for trafficking in cocaine.

No doubt, in trafficking cases, the most significant consideration is the weight of the narcotics and the greatest mitigation is the defendant’s timely plea. According to the case of Lau Tak Ming, trafficking in cocaine between 50 to 200 grammes, a starting point of between 8 to 12 years is to be adopted.

The present case involves 127.8 grammes of cocaine. I adopt a starting point of 10 years’ imprisonment. I shall give the defendant the full one-third discount for his guilty plea.

He is sentenced to 80 months’ imprisonment. That is 6 years and 8 months.