HKSAR v. Liu Yuen Lung

DCCC 527/2019

[2019] HKDC 1605

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 527 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 and I am dealing with 5.81 grammes of the narcotic cocaine.

2.The facts are very simple.

3.The defendant was found under stop and search in Shau Kei Wan in possession of the drugs in 41 transparent resealable plastic bags.  The street value was around about $9,000. 

4.The defendant was taken to his home, where further transparent resealable plastic bags were found.  The defendant then, under caution, told police he used the bags to package what he described as “crack cocaine” for sale.  He later gave more details to the police, saying that he had bought the cocaine for distribution.  He would sell the cocaine for about 250 to 300 dollars a bag.  He would break the quantity down and sell them.

5.As far as defendant’s background is concerned, he is now aged 23 years.  He has one conviction in 2012 for theft, for which he was sentenced to probation.  The defendant has had what appears to be a difficult childhood because of problems with his father, and the defendant detailed it in a letter that he sent to the court.  In any event, his father appears to have committed suicide in 2012 and his mother has remarried.  The defendant pursued some different occupations after graduating from school.  He has worked in a dessert shop selling pastries and he proposes on release to work in the electrical and plumbing trade with a relative. 

6.The defendant expresses remorse and appears to be genuine in his desire to have a law-abiding life on his release from custody, and it does appear that the defendant has had a somewhat troubled childhood and early adult life.

7.Turning to sentence, as far as the mitigating factors are concerned, the clearest mitigating factor is the defendant’s plea of guilty.  The second mitigating factor, of course, is that this is the defendant’s first offence of this nature, and the third one is he is still relatively young.  He does have the opportunity, if he is genuinely concerned to do so, to make a new life for himself.  The selling of drugs obviously can be easy money, but the risks are high, and the courts take these issues seriously and lengthy sentence of imprisonment can be imposed.

8.The actual determination of starting point for sentence is largely governed by guideline sentencing in drug trafficking cases.  In this case, the actual amount of drug the court is dealing with is relatively modest.  We are talking about a narcotic content of 5.81 grammes of the drug cocaine.

9.Now, in respect of a starting point for sentence for a defendant who pleads not guilty, the starting point for sentence for up to 10 grammes of this narcotic is between 2 to 5 years’ imprisonment, which puts the defendant towards the middle of the band, and I have regard to the factors put forward by the defendant, but there is still the need to impose a sentence that reflects the seriousness of the offence. 

10.Having regard to all those factors, I am going to take a starting point for sentence for this defendant in this case of 36 months’ imprisonment. 

11.After the defendant’s plea of guilty and deduction of one-third for that, that leads to a sentence of 24 months’ imprisonment.