HKSAR v. Lee Sai Leung, Tony

HCCC 139/2019

[2019] HKCFI 2399

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 139 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 to one charge of common assault, contrary to common law and punishable under section 40 of the Offences against the Person Ordinance, Cap 212, and two charges of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

The defendant was intercepted by a Customs officer who demanded to search him. He tried to flee and put up a struggle. At this point, other Customs officers came and helped to restrain him but despite the first officer’s repeated utterance of his identity, the defendant continued to resist and bit the shoulder of the officer once.

After he was finally subdued, a plastic bag that he was carrying was searched and found to contain a total of 291 packets of drugs. An address and keys were found on him and he was taken to the premises for a search. Another 14 bags of drugs were found with paraphernalia associated with trafficking, such as scissors, gloves, electronic scale and empty transparent resealable bags. Defendant admitted that these were for packaging of drugs to be delivered to others.

Upon analysis, the drugs found in the plastic bag carried by him was found to be 160.5 grammes of a solid containing 122.55 grammes of cocaine whilst the drugs found in the premises were 264.14 grammes of a solid containing 195.38 grammes of cocaine. The market value of all the drugs found was in the region of HK$440,000-odd.

Defendant is now aged 28. His previous record consists of six court appearances with eight charges. Amongst those eight charges were possession of dangerous drugs and trafficking in dangerous drugs, similar to the present offence. And for the trafficking in dangerous drugs, he received 9-month sentence in July 2013. His last conviction was back in June 2017 for gambling. He was fined $600.

By way of mitigation, I was told that the defendant was unemployed at the time of the arrest and committed the present offence because of financial difficulties. Counsel asked me to take a lenient view of the case and sentence him with mercy.

I have taken into account all that could have been said by counsel and his guilty plea. In relation to the 1st charge, I was drawn to the attention of the case of Lee Yat Tak HCMA 1265/2003 wherein the court reiterated that public officers acting in the course of their duties are entitled to be protected.

I am of the view that a starting point of 3 months in respect of the facts of this case is appropriate in respect of the 1st charge. And with his guilty plea, it is reduced to 2 months’ imprisonment. In relation to Charges 2 and 3, the total narcotics is 317.93 grammes. For trafficking in cocaine between 200 to 400 grammes, the tariff is one between 12 to 15 years. I adopt 165 months as the starting point for the whole of the narcotics in respect of those two charges, and given the one-third discount, the defendant is sentenced to 9 years and 2 months for those two charges allotted as follows: Charge 2, 6 years’ imprisonment; Charge 3, 8 years.

I order 3 years and 2 months out of the Charge 3 to run consecutively to the sentence in respect of Charge 2. Sentence in respect of Charge 1 should run consecutively, making a total of 9 years and 4 months’ imprisonment.