HKSAR v. Law Chun Hang
Read the full judgment text of DCCC 789/2018 on BabelCite. This District Court judgment was delivered on 25 March 2019.
1. Defendant Law Chun Hang pleaded guilty before me to one charge of Trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. Particulars are that he, on 5 June 2018, at lift lobby, Ground Floor, Cheuk Ming Mansion, Nos 57-75 Tai Ho Road, Tsuen Wan, New Territories, in Hong Kong, unlawfully trafficked in a dangerous drug, namely 9.56 grammes of a solid containing 8.34 grammes of cocaine.
Cites 2 cases
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DCCC 789/2018 [2019] HKDC 428 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO 789 OF 2018 -------------------------
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----------------------------------------- REASONS FOR SENTENCE ----------------------------------------- 1.Defendant Law Chun Hang pleaded guilty before me to one charge of Trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. Particulars are that he, on 5 June 2018, at lift lobby, Ground Floor, Cheuk Ming Mansion, Nos 57-75 Tai Ho Road, Tsuen Wan, New Territories, in Hong Kong, unlawfully trafficked in a dangerous drug, namely 9.56 grammes of a solid containing 8.34 grammes of cocaine. 2.The facts admitted by Mr Law may be summarized as follows. 3.On 5 June 2018, at about 2 am, at the junction of Hau Tei Square and Hoi Pa Street, Tsuen Wan, Mr Law was holding some white object in his hand and fled on sight of patrolling police. Police gave chase and followed Mr Law to a nearby location particularized in the charge. Before Mr Law was intercepted, he was seen to have thrown away a piece of white tissue on the floor at that location. 4.Police retrieved the tissue and found therein:-
5.Under arrest and caution, Mr Law admitted he bought the cocaine for sharing with friends at a party. 6.On Mr Law’s person were found a mobile phone, an octopus card, and cash of HK$10,022 and RMB 800. 7.The street value of the cocaine was estimated to be HK$11,472. 8.Mr Law admits that he was in possession of the cocaine for the purpose of unlawful trafficking. Criminal record 9.The agreed criminal record shows that Mr Law has one previous conviction for possession of a dangerous drug for which he was given a suspended sentence on 5 July 2018 (ie predating[1] the current offence). Antecedents 10.The antecedents statement is agreed. Mr Law is aged 24 (23 at the time of the offence). He was born in the Mainland and moved to Hong Kong in 1997. He graduated from IVE in 2015 and had been a waiter since 2016. He is single and lived in Tai Po before arrest. Mitigation 11.Mr David Iu of counsel assigned by the Director of Legal Aid mitigated on Mr Law’s behalf. 12.Mr Law was born in Fujian and came to Hong Kong at the age of 3. His parents divorced in 1999 and he then lived with mother and step-father. Mr Law has two half-siblings who are in their teens and are still studying. Prior to arrest, Mr Law had been living on his own for one year and it was during this time that he has turned wayward mixing with bad elements. Mr Law has received education to Higher Diploma level in hotel management. He had participated in some volunteer work. He had previously worked as a hotel receptionist, a waiter and a casual transportation worker and has at some time earned around $14,000 per month. 13.Mr Law committed the present offence while on police bail for his previous case ie the case of ST/1303/2018. Mr Iu urged the court not to enhance the sentence by exercising its discretion. 14.Mr Law has not wasted the court’s time by claiming that a certain amount of the drug was for his self-consumption. His earliest plea has saved the time of prosecution witnesses. 15.Mr Iu asked for a lenient sentence in view of Mr Law’s earliest plea and young age. 16.Mr Iu handed up a mitigation letter written in Chinese by Mr Law himself. The contents generally are that he touched drugs because of stress from work and from relationship with his girl-friend (now fiancée); but now he has determined to turn a new leaf in life. Sentence 17.I have considered the mitigation submissions made by Mr Iu and the contents of the mitigation letter. 18.Trafficking in a dangerous drug is a serious offence for which a deterrent sentence is called for. 19.The tariff sentences for trafficking in cocaine are to be aligned with those for trafficking in heroin for weights of pure narcotic up to 600 grammes: Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69. The tariff sentences for trafficking in heroin are set out in the case of R v Lau Tak Ming & Ors [1990] 2 HKLR 370. For trafficking in up to 10 grammes of the drug, the sentence should be between 2 and 5 years’ imprisonment. 20.In this case, the weight of cocaine involved is 8.34 grammes. On the basis of weight, I shall adopt a starting point of 4½ years. 21.In exercise of my discretion, given Mr Law’s young age and his clear record at the time of the present offence, I will refrain from enhancing the starting point despite the presence of an aggravating factor. 22.Mr Law pleaded guilty in time and so he is entitled to a 1/3 discount. There are no other mitigating factors to warrant any further discount. (Mr Law, please stand) 23.Mr Law will go to prison for 3 years.
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