HKSAR v. Chu Man Chung

DCCC 246/2019

[2019] HKDC 1370

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 246 OF 2019

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REASONS FOR SENTENCE

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1.The defendant, an 18-year-old man, was caught by customs officers when he was trying to smuggle cocaine out of Hong Kong.

2.In the evening on 5 December 2018, customs officers stopped the defendant for a search at the Departure Hall of the Hong Kong-Macau Ferry Terminal just before he was about to board a ferry going to Macau.

3.In his left foot underneath the sock, the officers discovered 3 bags of cocaine and a further 103 bags of cocaine were found hidden in his underpants.

4.He was arrested for drug trafficking and under caution, he told the officers that he was paid $4,000 to bring those drugs in his underpants to Macau while those in the sock were given to him for his own consumption.    

5.The defendant pleaded guilty before me to one count of drug trafficking- the drugs in question are 19.06g of a solid containing 11.77g of cocaine, the street value is estimated to be about $20,000.

6.Despite his relatively young age, the defendant is no stranger to the law; he has amassed 5 previous convictions over the past 3 years. His first record back in August 2016 is theft (snatching) for which he was sent to Detention Centre, but towards the end of 2016 he was sent to Training Centre instead for committing robbery-related offences. His last convictions are claiming to be a member of triad society as well as common assault back in 2017 for which he was also sent to Training Centre.

7.The defendant only received education up to primary level. In mitigation, the court heard that the defendant might be seen as a kid who fell through the cracks- his parents had stopped supporting him when he was only 14, he has been left to his own devices ever since. He lives alone with almost zero contact with his parents and has only one relative, a cousin in the Mainland, whom he could turn to.

8.Counsel for the defendant said he could not find a stable job because of his low level of education and given his financial difficulty, he turned to drug trafficking for quick money.

9.The defendant is a drug abuser, counsel said, he used to take cocaine two to three times a week, but the defence do not rely on part-consumption as a ground for a further reduction in sentence.

10.In his letter to the court, the defendant stated that while in custody, he had taken part in some religious activities organized by a Christian Group and that had had a profound effect on him. He is determined to start a new life after release from prison. In the meantime, he is learning to become a chef.

11.The Christian Group is called Christian Fellowship of Pastoral Care for Youth. Pleading leniency on the defendant’s behalf, its pastoral secretary, Mr Ma, has written to tell the court that they offer individual counselling and group programs for the youth in prison, the defendant is one of their members. The defendant, Mr Ma said, has made up his mind to begin a new life and will continue the spiritual counselling sessions with them.

12.There are sentencing guidelines for this type of offence- trafficking between 10g-50g, 5-8 years. For the amount the defendant admitted to trafficking (11.77g), I take 5 years as starting point.

13.The fact that he was trying to smuggle drugs out of Hong Kong is an aggravating factor for which I would add a further 6 months, which takes the starting point up to 5 ½ years.

14.As far as mitigation is concerned, apart from his guilty plea there is not anything of substance. His plea is timely so he is entitled to a full one-third discount. Giving the appropriate discount, the starting point is reduced to 44 months.

15.There being no reasons for further reduction, the final sentence is one of 44 months’ imprisonment.