HKSAR v. So Yat Ting

HCCC 301/2018

[2019] HKCFI 1597

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 301 OF 2018

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

The defendant pleads guilty to one count of attempting to traffic 809 grammes of cocaine.

On 3 November 2017, at about 12 am, Custom and Excise officers intercepted a parcel at the Express Cargo Terminal of the airport. It was sent from Peru to the defendant at Lohas Park, Tseung Kwan O. It purported to contain ceramics. Officers opened the parcel and found cocaine inside a compartment at the bottom of the parcel. There were also ceramic figures in the parcel.

Customs and Excise officers contacted defendant by phone to arrange for delivery. Subsequently, defendant accepted the parcel at the spot designated by him. Defendant was then arrested.

The dangerous drug has a market value of about $900,000.

The defendant admitted that he was the middleman to accept the parcel. He would call the person who asked him to receive the parcel afterwards. He now admits attempting to traffic in a dangerous drug.

The defendant is 32 years old. He was a transportation worker at the time of the offence. He has a 6-year-old son currently in the custody of his ex-girlfriend. He has to support them. He has nine previous convictions. He was last sentenced to 4 years and 8 months’ imprisonment for trafficking in a dangerous drug in 2010.

Defence counsel, Ms Karen Lau, urges this court to give a full discount for the plea, the reason being that the defendant only learnt about the analysis of his WhatsApp record near the end of April 2019 when the prosecution filed additional evidence. I do not think that is a valid ground to depart from the guideline. In my view, the defendant does not need the report to confirm whether he knew there was dangerous drug in the parcel.

The sentencing tariff in HKSAR v Abdallah is applicable. For the 809 grammes of cocaine, the starting point should be 21 years’ imprisonment. While the charge is attempt to traffic in a dangerous drug, in reality, the offence was completed when defendant accepted delivery. I would sentence the defendant on the same basis as actual trafficking.

By his conduct, the defendant assisted in importing dangerous drug to Hong Kong. I enhance the starting point by 1½ years for this aggravating factor. The defendant has a similar conviction of trafficking in a dangerous drug in 2010. I enhance the starting point by 6 months.

The defendant indicated on 21 May 2019 that he would plead guilty on the first day of the trial, that is, 30 May 2019. I would give him 20 per cent discount accordingly.

The starting point after enhancement is 23 years’ imprisonment. I deduct 4 years and 7 months for his plea. I sentence the defendant to 18 years and 5 months’ imprisonment.