HKSAR v. Ho Kwun Man

DCCC 470/2021

[2021] HKDC 1349

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 470 OF 2021

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REASONS FOR SENTENCE

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1.The defendant pleaded guilty to a charge of trafficking dangerous drugs, namely 10.97 grammes of a solid containing 8.79 grammes of cocaine, contrary to S 4(1)(a)  and (3)  of the Dangerous Drugs Ordinance. Cap 134.

Summary of facts

2.On 24 January, 2021 at 7:35 pm, the police intercepted the defendant and his friend in a private vehicle which was stopped outside the Kwai Chung Estate Bus Terminus, Kwai Chung.

3.Upon a body search:-

(a)  the defendant was found in his possession of 33 resealable plastic bags containing a total of 10.97 grammes of a solid containing 8.79 grammes of cocaine. These 33 resealable plastic bags were found in the coin compartment of the defendant’s wallet, in the left and right front pocket of the defendant’s short.

(b)  Two mobile phones containing suspicious messages with another.

(i)  In the white iphone, some pictures of dangerous drugs were sent by the Defendant to “Q”.

Q: how many rounds including this?

D: 6 rounds

(ii)  In the black iphone, many photographs of dangerous drugs on a measuring scale and messages of record of price, details on supply and trafficking of dangerous drugs were sent by the defendant to “Ghost”.

(iii)  The defendant claimed that someone unknown had sent him photos of the dangerous drugs on a measuring scale and he was asked to forward to “Q”. He would be paid on completion.

4.In the record of interview, the defendant said that he purchased the drugs for $8,000 on 23^rd January for his self-consumption.

5.The estimated value of the dangerous drugs was about $22,137.

Criminal record

6.The defendant has a clear record.

Mitigation

7.The defendant is 21 years old.  He used to live with his father and elder brother in Kwai Chung prior to the present offence.  His mother and younger sister live in the Mainland.

8.The defendant’s father is a fire safety equipment contractor.  The defendant lost his job as a result of the pandemic and started to work with his father as a casual worker earning around $2,000 to $3,000 per month.  However, his father’s company also encountered financial difficulties and ended up with substantial amount of debts.

9.The defendant committed the present offence due to his accumulated credit cards debts which amount to $30,000 to $40,000 after he lost his job.

10.His friend told him that he could made $3,000 for delivering the drugs.  But he was arrested before he received the money.

11.Now, the defendant is deeply regretted for his actions.  Today, I am also supply with a mitigating letter from the social worker Ms Tang to tell me the same thing that the defendant will not mix with bad peers again after he serves the present sentence.

Sentence

12.The sentencing guideline for cocaine can be found in R v Lau Tak Ming [1990] 2 HKLR 370, the appropriate starting point is less than 10 grammes of cocaine is 2 to 5 years imprisonment.

13.The defence counsel also referred me to the case of HKSAR v Herry Jane Yusuph [2020] HKCA 974 that there are a number of factors, such as the circumstances and the role of the defendant, to be taken into account in determining the appropriate sentence in dangerous drugs.

14.I note in mitigation that the defendant is not a drug addict.  When he was arrested, he said that those drugs were purchased for his own consumption.  Clearly, he has been coached to say that with a view for a lower sentence.

15.He has an earning of about two to three thousands a month, it is hardly likely he could have such a large sum of almost $10,000 in his possession.  One can see that it is a lucrative business for selling drugs.  The syndicate lured young men like the defendant to do the foot soldier job for $3,000.  It was a high risk job and the defendant sold himself cheaply.

16.Drug trafficking is a serious offence, financial pressure accounts for no weight as a mitigating factor.

17.When I pass sentence on the defendant, I bear in mind of all the mitigation put forward by the defence, the only mitigating factor in his favour is his guilty plea.

18.In view of the quantity of the cocaine involved is 8.79 grammes, I adopted a starting point of 56 months, reduced to 37 months, that is 3 years 1 month.

19.I order the defendant to serve 3 years and 1 month.