HKSAR v. Chan Siu Chung

DCCC 753/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 753 OF 2017

-----------------------------------

-----------------------------------

----------------------------

Reasons for Sentence

----------------------------

1.The Defendant pleads guilty to trafficking in a dangerous drug.

2.At around 2:05 a.m. on 10 June 2017, the police were on anti-narcotics duty on Heung Fan Liu Street, Tai Wai, Sha Tin, N.T.  The Defendant was seen holding a bag and behaving in a suspicious manner.  A search on him yielded 35 packets of a solid of 7.46 grams containing 6.95 grams of cocaine, $680 cash and 2 mobile phones.

3.The street value of the cocaine is about $20,624.

4.After arrest and caution he admitted trafficking in the cocaine for a monetary reward for he was heavily in debts due to gambling.  In the subsequent video-recorded interview he repeated the same. 

5.He is 43 years old, of F. 1 education level.  He last worked as a part-time construction worker.  He had 2 records for possession of dangerous drugs for unlawful trafficking in 1990 for which he received an overall sentence of 6 years. Given the long lapse of the time since then, I do not regard it as an aggravating factor in his sentence today. 

6.In mitigation I am told that he intended to sell all packets of the cocaine, but if anything was left, he would consume it. 

7.The sentencing guidelines for cocaine trafficking point to 2 – 5 years’ imprisonment for up to 10 grams (Attorney General v Rojas [1994] 1 HKC 342; R v Lau Tak Ming [1990] 2 HKLR 370). 

8.I consider a starting point of 3 years 6 months.  One-third off for his timely plea of guilty, the sentence is 2 years 4 months.