HKSAR v. Mak Kwok Lam

DCCC 681/2017

[2018] HKDC 221

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 681 OF 2017

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REASONS FOR SENTENCE

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Charge

1.The defendant was charged with one count of possession of a dangerous drug, namely 6.89 grammes of a solid containing 6.3 grammes of cocaine.

Plea

2.The defendant pleaded guilty to the charge and admitted the facts.

Facts of the case

3.At the material time, the police officers found the defendant acting suspiciously at the street.  The defendant was intercepted by the police officer and a search was conducted on the bag carried by the defendant.  As a result, 22 smaller transparent re-sealable plastic bags containing a total of 6.89 grammes of a solid containing 6.3 grammes of cocaine were found.

Background of the defendant

4.The defendant aged 55, was single.  He worked as a plumber before arrest.  He has five previous records with three similar and the last one dated in 2006. 

5.In sentencing him, I have considered the followings:-

(1) the facts of the case;

(2) the mitigation put forward and the mitigation letters submitted;

(3) the DATC report;

(4) his previous records.

6.I have further considered the following two cases:-

(1) HKSAR v Pham Thi Nga, CACC 224/2011;

(2) HKSAR v Mok Cho Tik [2001] 1 HKC 261.

The DATC report

7.The report has confirmed that the defendant is not a drug dependent.  The admission to the centre is not recommended. 

8.In the case of Pham, it involved possession of 6.51 grammes of cocaine.  The Court of Appeal adopted the starting point of 12 months’ imprisonment, which was enhanced by 6 months’ imprisonment to reflect the latent risk.

9.The present case involved 6.3 grammes of cocaine, which is not a small quantity.  I do find the principle of latent risk applicable to the present case.

Sentence

10.Having considered the facts of the case, the mitigation and background of the defendant and  by proportional calculation of 6.3 grammes of cocaine, I adopt a starting point of 11.6 months’ imprisonment, which is enhanced by 4 and a half months for the latent risk. The overall starting point is 16.1 months’ imprisonment. On guilty plea, one-third discount is given.

11.I now sentence the defendant to 10 months and 3 weeks’ imprisonment.