HKSAR v. Deng Qifeng

DCCC 542/2021

[2021] HKDC 1432

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 542 OF 2021

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REASONS FOR SENTENCE

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1.The defendant pleads guilty to one charge of trafficking in 24.0 grammes of a solid containing 22.5 grammes of cocaine, contrary to section 4 of the Dangerous Drugs Ordinance[1].

2.Full particulars of the offence are set out in the amended summary of facts admitted by the defendant today.  In summary at around 10:16 p.m. on 21 March this year the police were on patrol at the junction of Wang Fat Path and Hop Yick Road in Yuen Long when they intercepted the defendant.  Upon search the police found inside the pocket of the defendant’s jacket one transparent re-sealable plastic bag containing the cocaine.

3.In a video-recorded interview the defendant claimed that he bought the cocaine from an unknown male for $5,000 that evening.

4.The police also seized from the defendant one mobile phone and $284.70 cash. 

5.The estimated street value of the cocaine was about $40,824.

Mitigation

6.In passing sentence, I have carefully considered the oral and written submission of Mr Lo, including that the defendant is only 17, a full-time student and lives with his mother[2].

7.I take into account that the defendant has a clear record.

8.I have read the mitigation letter written by the defendant in which he describes that under the influence of bad friends he committed the offence to earn quick money.  The defendant promises to stay away from drugs and resume a normal life. 

9.I have also read the letter written by the defendant’s mother, who is in court today to support her son,asking for her son to be given a chance to reform. 

10.The defendant’s form teachers have also written a letter describing the defendant as a student who got along well with classmates; was always willing to render assistance; helped in the school flag day and represented the school as a volunteer in the inter-school sports day.

11.Section 109A of the Criminal Procedure Ordinance provides no court shall sentence a person of or over 16 and under 21 years of age to imprisonment unless the court is of the opinion that no other method of dealing with such person is appropriate[3]. Whilst this provision does not apply to trafficking in a dangerous drug, which is an excepted offence, a court must exercise great care before committing a young offender to prison. 

12.In Secretary for Justice v Chau Tsz Tim the Court of Appeal restated that only in very rare cases where there are exceptional circumstances will a Training Centre Order be appropriate for trafficking in substantial quantities of drugs[4].    

13.In his letter the defendant accepts that he is likely to be put in prison for a long time.  Mr Lo informs the court that the defendant does not wish the court to call for reports before passing sentence. 

14.After very careful consideration I am satisfied this is not one of those very rare cases where a Training Centre Order may be appropriate.  Notwithstanding the defendant’s young age and clear record, I am satisfied there are no exceptional circumstances warranting departure from the guidelines and that I can proceed to sentence today without calling for any reports. 

Sentence

15.The courts have equated for sentencing purposes cocaine with heroin[5].  In R v Lau Tak Ming[6]the Court of Appeal laid down guidelines for trafficking in heroin.  The court said that the sentence upon conviction after trial where the quantity of narcotic is between 10 and 50 grammes falls within the range of 5-8 years’ imprisonment. 

16.On a strictly mathematical approach a starting point of just over 5 years and 11 months would be appropriate for trafficking in 22.5 grammes of cocaine.  Taking into account the defendant’s young age and this is the first time he has committed any offence, I am satisfied a starting point of 5 years and 9 months’ imprisonment is appropriate. 

17.Giving the defendant full credit for his plea of guilty he is convicted and sentenced to 3 years and 10 months’ imprisonment.