HKSAR v. Chiu Yi Kong Torres

DCCC 668/2018

[2019] HKDC 337

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 668 OF 2018

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Reasons for Sentence

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1.Defendant pleaded guilty to a charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

2.At around 22.27 hours on 3 May 2018, police officers outside the ground floor of Wang Hong House, Lok Fu Estate, Kowloon, Hong Kong saw the defendant alighting from a taxi furtively and intercepted him.  Upon search, in the defendant’s left rear pants’ pocket, a transparent resealable plastic bag containing 23.9 grammes of a solid containing 21.4 grammes of cocaine was found, the street value was about 29,492.

3.Upon body search, small cash and RMB and 2 mobile phones were also found on defendant’s possession.

4.In the subsequent video recorded interview, defendant also stated that he was a restaurant part-time waiter earning about 11,000 to 13,000 per month.  Defendant now admits in possession of the dangerous drugs involved for the purpose of unlawful trafficking.

5.Defendant aged 23.  He had 2 previous criminal convictions, in 2011 for theft, where he was put in probation, but in September 2012 trafficking in dangerous drugs, where he was sentenced to 6 years and 10 months’ imprisonment.  I am told he was released in December 2015.

6.Mr Leung for the defendant submits that he was a bartender earning about 12,000 per month, but he was in debt for quite some money and was given some drugs for delivery to make money.  Defendant pleads guilty at the earliest opportunity and hopes for a lenient sentence.

7.Trafficking in a dangerous drug is a very serious offence.  The Court of Appeal in AG v Pedro Nel Rojas [1994] 1 HKC 342 adopted the guideline in R v Lau Tak Ming [1990] 2 HKLR 370, where, for trafficking in cocaine 10 to 50 grammes, 5 to 8 years’ imprisonment shall be imposed.

8.In the present case, there was 21.4 grammes, value nearly HK$30,000.  The facts were serious. Applying the above guideline, imprisonment of 5 years and 9 months or more should be imposed, not to mention that he already had one similar conviction before.

9.However, defendant now pleaded guilty at the earliest opportunity, saving court’s costs and time. Looking at his age and his remorseful attitude, after consideration, I will simply adopt a starting point of 5½ years’ imprisonment, and that be reduced to 44 months after guilty plea.

10.So, for the present offence, defendant is sentenced to 44 months’ imprisonment.