HKSAR v. Ho Yiu Hong Harry

DCCC 43/2018

[2018] HKDC 1095

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 43 OF 2018

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Reasons for Sentence

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1.The defendant has pleaded guilty to one charge of trafficking in a dangerous drug. The drugs are, namely, 15.2 grammes of a solid containing 13.5 grammes of cocaine.

2.The facts are that the police intercepted a private vehicle in Sha Tin on 19 January 2017 in the evening.  They asked both the driver and the passenger to get out of the vehicle.  Both men were searched.  The defendant was found to have a plastic bag of cocaine concealed in his mouth.  That was the bag of cocaine of the charge.

3.Under caution, the defendant told the police that the bag of drugs belonged to the driver, and when he saw the police, he gave the drugs to the defendant and told him to conceal them.  Out of fear, the defendant hid it in his mouth.  In essence, he told the police that the drugs did not belong to him.

4.The driver was also interviewed under caution. He told the police that he had no knowledge of the dangerous drugs.  He explained why and how he came to drive the defendant to Sha Tin that evening in his car.  That driver was not ultimately charged.

5.Both men’s homes were searched, as was the driver’s vehicle.  Nothing else illegal was found.

6.That bag of cocaine was worth just under $21,000.

7.The defendant is not a man with a clear record. At the time of the offence, he had six previous convictions, however, none of them relate to dangerous drugs, and his last conviction was in 2008.  I have been told in mitigation that the defendant is 45 years old, a hawker selling clothes, but also a CSSA recipient.

8.He is a single man, but has an 11 year old son. Both of them live with the defendant’s father.  The defendant’s father is here in court today and confirms that this grandson will continue to live with him. He, too, relies on CSSA.  He should be told that if he has any difficulty whilst his son is serving this sentence, that he must seek assistance from a social worker of the Social Welfare Department. 

9.The guidelines for trafficking cocaine come from the Court of Appeal in R v Lau Tat Ming [1990]2 HKLR 370, where the Court of Appeal has said that for between 10 to 50 grammes, the starting point after trial would be in the range of 5 to 8 years’ imprisonment.  For 13.5 grammes, as we have here, the starting point therefore is 5 years and 3 months. 

10.Defendant, I have taken into account mitigation put forward on your behalf.  Mr Yu has said all he can say.  Your best mitigation is your plea today.  You will benefit from a full one-third discount for your plea.  After a discount of one-third, that is, 21 months is deducted from that starting point, you are sentenced to 3 years and 6 months for this charge.