HKSAR v. Leung Pak Yuen

HCCC 327/2017

[2018] HKCFI 219

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 327 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 pleaded guilty to one count of trafficking in a dangerous drug, namely 47.8 grammes of a solid containing 42.6 grammes of cocaine.

The facts are all too common. The defendant was intercepted by police officers near a car park in Kwai Chung, New Territories. He, at first, struggled and ran away and after a brief chase, he was stopped and handcuffed. Upon a search inside his jeans pocket was found one transparent plastic bag containing 21.3 grammes of cocaine and one black plastic bag also containing a solid containing 21.3 grammes of cocaine. Both were at the same weight actually. Both were 23.9 grammes of a solid containing 21.3 grammes of cocaine evenly divided. He was arrested and cautioned and the defendant remained silent.

The retail value of the cocaine is around HK$38,000.

The defendant is aged 32 and unfortunately is not a stranger to court. He has four previous convictions; one for trafficking and two for possession of dangerous drugs.

In mitigation, Mr Ng has said that the defendant, in a letter to the court says that he is remorseful and he will seek to better himself by using the time in prison to study and take a computer course. Now, that would be of great benefit to the defendant himself because he cannot go down the same route that he has taken being in and out of prison and DATC.

The guidelines have been laid down by the Court of Appeal. The court in a case of Pedro Nel Rojas[1994] 1HKC 342 has stated that for trafficking in cocaine, the sentencing guideline should follow that of Lau Tak Ming [1990] 2HKLRD 370 and the guideline sentence in Lau Tak Ming is that for trafficking in between 10 to 50 grammes of drug would merit a sentence of 5 to 8 years imprisoned after trial.

In this case, the amount is 42.6 grammes and so I would determine that a proper sentence should be one of 7½ years and giving the defendant the full one-third discount would reduce it to 5 years’ imprisonment.

So the defendant goes to prison for 5 years.