HKSAR v. Li Chun Kit

DCCC 77/2020

[2020] HKDC 882

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 77 OF 2020

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Reasons for Sentence

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Charge

1.The Defendant pleads guilty to a charge of drug trafficking.

Facts

2.On 18 October 2019 at around 11:19pm, the Defendant was intercepted by SCO 07318 in the West Customs Departure Hall, 1^st Floor, Passenger Clearance Building, Hong Kong-Zhuhai-Macao Bridge, Chek Lap Kok, for customs clearance.

3.Subsequently, the Defendant was taken to a room inside the Departure Hall for body search. CO 19185 found the following items:

(a)  inside the right upper pocket of the trousers of the Defendant, a white tissue paper wrapping 1 plastic bag containing 1.53 grammes of a solid containing 1.30 grammes of cocaine (“E1”);

(b)  inside the right pocket of the jacket of the Defendant, 2 pieces of tissue paper wrapping 2 plastic bags, inside of which were altogether 108 plastic bags containing a total of 17.71 grammes of a solid containing 14.83 grammes of cocaine (“E2”).

4.Under caution, the Defendant stated that:

(a)  E1 was cocaine and it was for his self-consumption;

(b)  he purchased it for more than HK$1,000;

(c)  E2 was cocaine and he brought it to Macau for consumption by his friends in a party;

(d)  he purchased E2 for more than HK$20,000;

(e)  he would not receive any reward for giving the dangerous drugs to his friends;

(f)  he worked as a transportation worker earning around HK$20,000 per month.

5.The Defendant was also found cash HK$507.5 and 1 mobile phone with him.

6.The estimated street value of the cocaine found was close to HK$20,000.

7.A test on the Defendant’s urine indicated a positive result towards cocaine consumption.

Mitigation

8.The Defendant is 28 years of age. He is educated up to F. 4 level. His wife works in the mainland. He is a transportation worker. He has been a drug addict for a few years.

9.As admitted to the customs officer, E1 (1.53 grammes) of the drug (16.13 grammes in total) was for his self-consumption. His counsel asks me to reduce the sentence to reflect this aspect.

10.The sentencing guidelines for trafficking 10 – 50 grammes of cocaine point to 5 – 8 years’ imprisonment in the absence of aggravating factors (A.G. v Rojas CAAR 15/1993 applying the guidelines for heroin in R v Lau Tak Ming [1990] 2 HKLR 370 to cocaine).

11.He had the following drug-related records:

(1)  Trafficking (sentenced to 14 months in 2014);

(2)  Possession (sentenced to 6 months in 2015);

(3)  Trafficking (sentenced to 32 months in 2017).

12.His last jail term had no deterrence on him. It did not take long for him to re-offend. His re-offending is an aggravating factor in his sentence.

Sentencing this Defendant

13.If the whole lot was for trafficking, I will consider a starting point of 63 months. While the slight portion for his self-consumption can indicate a slightly lower starting point, it has to be adjusted upwards due to his re-offending. Eventually I take 60 months as the starting point. After the one-third discount for the plea of guilty, the sentence is 40 months.