HKSAR v. Chan Hon Ting

DCCC 726/2018

[2019] HKDC 778

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 726 OF 2018

----------------------

----------------------

--------------------------------

Reasons for Sentence

--------------------------------

1.The defendant has pleaded guilty to a single charge of trafficking in a dangerous drug involving the trafficking in the drug cocaine, total of 21.1 grammes of the narcotic.

2.The arrest came as a result of a stop-and-search operation on 26 May 2018 in Sham Shui Po.  The defendant was found to be in possession of the drugs, which were in his left front pocket.  He said he bought the drugs at $5,000 in Sham Shui Po for his own consumption.

3.Following analysis, the quantity of drugs was found to be 21.1 grammes of cocaine, with a street value of $26,902.50.  The defendant did say the drugs were for his own consumption.  There was evidence of consumption in his urine.  He has not pursued that in mitigation today.

4.The defendant’s background is that he is still a young man - he is only 20 - left school after Form 3, had been working as a cook in the past.  He is married with a son.  In mitigation, there seems to be some difficulties in his marriage.  He has previous convictions which have led to him being sent to a detention centre in 2014.  None of those convictions are relevant to his current offence.

5.The defendant in mitigation is entirely realistic.  He understands that these kind of offences lead to substantial sentences of imprisonment.  He expresses remorse as do members of his family, who have written to the court. 

6.Defendant had decided to work in the catering industry and had been working at Fairwood.  He found there was difficulties in his marriage following the birth of the son and had left the marriage at one stage.  At the present moment, the wife and the son have to rely on CSSA.

7.The approach to sentencing in cases such as this is determined largely by the guidelines that are issued by the Court of Appeal. The drug here is cocaine but the guidelines are appropriate of those for heroin.  The quantity here is 21 grammes-odd, which puts it in the category of between 10 to 50 grammes of the drug, which gives a guideline for the starting point for sentence of between 5 to 8 years’ imprisonment. 

8.There are no further aggravating factors. 

9.As far as mitigating factors are concerned, there is the defendant’s plea of guilty, which entitles him, as a matter of course, to a one-third discount from the starting point for sentence.

10.I am obliged to determine a starting point for sentence on the basis of the guideline.  There is a range of sentencing within that guideline primarily to take into account the range of quantities between 10 and 50 grammes.

11.The lowest point on the guideline reference is 10 grammes and the quantity exceeds that here by a further 11-odd grammes.  Nevertheless, the starting point should be at the lowest range of the guideline.  Another reason for choosing a starting point at the lower range of the guideline is the defendant’s young age, lack of previous convictions, and his remorseful attitude towards his offence.

12.In this case, I shall take a starting point for sentence at 63 months’ imprisonment, which is 5 years and 3 months’ imprisonment. 

13.After deduction of the one-third, by my calculations, that leads to an overall sentence of 42 months’ imprisonment for this offence, and that will be the sentence I will impose.