HKSAR v. Fung Him

HCCC 390/2017

[2018] HKCFI 560

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 390 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 to one count of trafficking in 124 grammes of cocaine at Eastern Magistrates' Court, on 23 October 2017. He was committed to this court for sentence.

On 30 December 2016, at about 7 pm, a team of police officers stopped the defendant outside No. 3 staircase, Shek Lei No. 1 Estate. The defendant was carrying a backpack. The officer found a shoe box inside the backpack. There were six re‑sealable plastic bags wrapped in tissue paper and a pair of sports shoes in the box. The plastic bags contained the subject matter of the charge.

The defendant admitted under caution that he earned $4,000 to take the cocaine to the scene for someone. According to the police the market price for this quantity of cocaine was about $146,000.

The defendant is 21 years old. He is single. He completed Form 3 education. He has a clear record. He used to be a merchandiser but was unemployed for two months at the time of the offence. He is not an addict. His father is divorced. In his mitigation letter the defendant admits committing the offence for quick money because he needs to support himself. He is very remorseful and pleads for leniency.

The sentencing tariff in Lau Tak Ming case is applicable. For the 124 grammes of cocaine the starting point should be 10 years’ imprisonment. I appreciate that the defendant is remorseful and determined to turn over a new leaf. Trafficking is, however, a very serious offence which calls for deterrent sentence. I deduct 3 years and 4 months for his plea. There is no valid ground for further reduction. I sentence the defendant to 6 years and 8 months’ imprisonment.