HKSAR v. Mak Cheuk Kit

DCCC 1008/2017

[2018] HKDC 1280

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1008 OF 2017

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REASONS FOR SENTENCE

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1.You are convicted after trial of trafficking in 17.70 grammes of cocaine.

2.According to the authorities, trafficking in this quantity of cocaine would attract a term of imprisonment between 5 to 8 years, because in R v Lau Tak Ming and Attorney-General v Pedro Nel Rojas, trafficking in 10 to 50 grammes of heroin would attract that range of sentence, and this also applies to cocaine.

3.You have one previous similar conviction of trafficking in dangerous drugs in 2010, for which you were sentenced to 3 years and 8 months’ imprisonment. 

4.In HKSAR v Abdallah [2009] 2 HKLRD 437, the Court of Appeal said that a trafficker who has previously been convicted of trafficking in dangerous drugs is an aggravating factor.

5.You are now almost 28 years old.  I am told that you are still single and live with your mother and sister and prior to your arrest you were earning around $30,000 per month in the logistic business field.

6.Many a times the Court of Appeal had said that, in a case of this nature, personal background of the defendants carry little weight.

7.Taking all relevant matters into consideration, I will adopt a starting point of 5 years and 6 months for this charge.

8.You were convicted after trial and I can see no other factors which warrant my consideration to reduce the sentence.

9.So, for the offence you are convicted of, I sentence you to 5 years and 6 months’ imprisonment.