HKSAR v. Lee Chun Nam

HCCC 65/2019

[2019] HKCFI 1808

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 65 OF 2019

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

The defendant pleaded guilty before a magistrate to one charge of trafficking in a dangerous drug and was committed to the Court of First Instance of the High Court for sentence.

In sentencing, I have considered the whole circumstances of the case, including its nature and facts, in particular the type and quantity of the dangerous drug concerned, background of the defendant and mitigation put forward on his behalf.

The facts of the case may be summarized as follows. Police officers noticed the defendant sitting at the driver’s seat of a private car parked on a street in Mongkok. When police officers approached him, the defendant attempted to struggle but was subdued. Inside a rucksack put next to the driver’s seat, eight plastic bags of cocaine and an electronic scale were amongst other things found. When arrested, under caution, the defendant admitted to be helping someone to deliver drugs as he owed a debt.

The defendant is now 33 years of age. Today is indeed his birthday. He is married and has a daughter now 6 years old. He was educated up to Form 5 and had worked as a construction site worker. He has been unemployed since March 2018. He did not have any previous criminal record.

In mitigation, defence counsel, Miss Koo stressed that the defendant pleaded guilty at the earliest opportunity. She informed the court that as the defendant was responsible for the medical expenses of his father who suffered from liver cancer, he used up his saving and incurred a debt in a sum not less than $200,000.

His father passed away in 2016. The mother and daughter of the defendant are suffering from ill health. The mother has depression and heart disease. The daughter also has heart disease. Both require medical care and treatment. It was under the serious financial situation that the defendant committed the offence.

The defence submitted letters written by the defendant and by his mother, wife and younger brother, as well as a drawing from his daughter. All these family members are in court today to show their support.

In his letter, the defendant expressed remorse. The mother and wife confirmed the family background. Both said the defendant is a responsible son, husband and father. They asked for leniency on the defendant’s behalf.

The dangerous drug which the defendant trafficked in was 190 grammes of a solid containing 161 grammes of cocaine. The Court of Appeal held in AG v Pedro Nel Rojas [1994] 2 HKCLR 69 that in the case of trafficking in cocaine, the guidelines in R v Lau Tak Ming [1990] 2 HKLR 370 is applicable since the narcotic content of the two drugs are very closely alike in their degree of harm. In Lau Tak Ming, a sentence of 8 to 12 years’ imprisonment was suggested for a case of trafficking in heroin if the narcotic content is 50 to 200 grammes.

Having considered the whole circumstances, bearing in mind this is the first time the defendant commits a dangerous-drug‑related offence, I do not see any grounds to depart from the tariff. In my judgment, a starting point of 10 years and 9 months is appropriate. The defendant is entitled to a one-third discount as he had pleaded guilty at the earliest opportunity.

Having considered the whole circumstances, including the family situation of the defendant and what learned defence counsel said on his behalf, I am of the view that one-third is the extent of discount the defendant is entitled to.

Defendant, please stand up. By reason of the matters aforesaid, I sentence you to an imprisonment term of 7 years and 2 months.