HKSAR v. Lee Sum Chit

DCCC 331/2019

[2019] HKDC 1390

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 331 OF 2019

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Reasons for Sentence

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1.The defendant has pleaded guilty to a single charge of trafficking in a dangerous drug. The drug concerned is cocaine and the narcotic quantity of that drug is 17.2 grammes.

2.The defendant was intercepted at the Immigration Control Point of Hong Kong-Macau Ferry Terminal.  The defendant was intercepted at the Customs Departure Hall.  The drug was found in his right shoe in a plastic bag, and the defendant also had some -- found in his backpack were items for trafficking the drug.  There was an electric balance and 93 empty plastic bags. 

3.The estimated street value of those drugs was $26,319.90.

4.In his video recorded interview, the defendant explained that he had an income of $18,000 from working at a construction site. He bought the drug for $12,000.  The drug would be consumed by himself and his friends.  He initially paid for the drug, then his friends would pay him back. He said half of the drug was for his friends.  The defendant was in fact in the process of exporting the drugs at the time of arrest.

5.The defendant’s antecedents show that he was 19 at the time of his arrest.  He is now 20.  He was convicted for possession of a dangerous drug in October 2016.  He was placed on probation, which was extended in 2017.  Other details of the defendant’s antecedents are that he is single and lives in the New Territories.  The defendant’s drug test at the Correctional Services Department was negative.

6.In mitigation, the defendant refers to his personal circumstances.  He had been educated up to Form 3 and working as a construction worker.

7.He does say he has consumed cocaine since he was 14.  He says he is not addicted to drugs but does take them.

8.As far as the offence is concerned, he was quick to admit his involvement in the trafficking of the drug.  He now says he is remorseful and hopes to take upon another career on being released from custody.

9.As far as the matters that are asked to be taken into account in mitigation, this concerned firstly the defendant’s plea of guilty and also there is the defendant’s self-consumption of part of the drug.  In his video recorded interview, he said he would share half of the drug with his friends, and presumably consume the rest himself.

10.I turn to the starting point for sentence.

11.The drug that we are concerned with is cocaine. The starting point for sentence is determined by guideline sentencing.  The guidelines for cocaine adopt the guidelines that are relevant for heroin.  The quantity here is 17.2 grammes of the narcotic, which means that the sentence should lie within the range of 10 to 50 grammes, where the guidelines suggest a sentence of between 5 to 8 years’ imprisonment.

12.In determining the starting point, I look at the quantity of drug concerned and, in this case, the defendant’s young age - at the time the offence was committed he was only 19 years old - and the fact that the defendant has at that time no conviction for trafficking in a dangerous drug.

13.Having taken those matters into consideration, I consider the starting point should lie towards the lower end of the guideline sentence.  I will adopt a starting point at 5 years 3 months, which is 63 months’ imprisonment.

14.The defendant begs in aid the mitigating factor of self-consumption.  Where the defendant would consume a significant portion of the drug, then a deduction of between 10 to 25 per cent of the original starting point can be adopted.  The defendant is plainly a consumer of the drug - that can be seen from his criminal record - and the defendant explained at an early stage how he would propose the drugs be divided.

15.To reflect the defendant’s self-consumption of the drug, I will deduct 6 months from the original starting point.  That makes it a starting point of 57 months’ imprisonment.

16.After deduction for the defendant’s plea of guilty, which is a one-third deduction, that will lead to a final sentence of 38 months’ imprisonment.  That will be the sentence.