The defendant, Yeung Kwok-leung, pleaded guilty to one count of trafficking in a dangerous drug and admitted the facts pertaining to the charge in the court below. He confirmed his guilty plea and admission of the Summary of Facts dated 28 December 2021 before me today. I convict him on his own plea and admission.
The defendant committed the offence on 5 February 2021. The charge concerns 71.4 grammes of a solid containing 52.6 grammes of cocaine.
The Facts
The Summary of Facts dated 28 December 2021 reads:
“1. At about 2030 hours on 5 February 2021, police mounted an anti-narcotics operation at the platform area of Sceneway Garden, Lam Tin, Kowloon, Hong Kong (“Sceneway Garden”). Police officers were deployed to lay ambush at the vicinity.
2. At about 2243 hours on the same day, the defendant was spotted acting furtively near the taxi stand at the platform between Block 8 and 9 of Sceneway Garden. Thus, he was intercepted for a search.
Drugs found on the defendant
3. Upon personal search on the defendant, three plastic bags containing 71.4 grammes of a solid containing 52.6 grammes of cocaine were found from the left pocket of the defendant’s jacket.
4. The defendant also had in his possession cash of HK$306 and one mobile phone.
Arrest and caution of the defendant
5. The defendant was arrested and cautioned. Under caution, the defendant admitted that he received HK$1,200 reward to deliver the three packets of “coke” for someone.
6. The defendant’s cautioned statement was post-recorded in the police notebook, which he duly signed and confirmed.
VRI of the defendant
7. In the subsequent video-recorded interview conducted, under caution the defendant stated inter alia the following:
(1) He confirmed his cautioned statement at scene;
(2) The term “coke” he mentioned means cocaine, which is a dangerous drug;
(3) An unknown person called him and instructed him to pick up the drugs on the street at Tai Hai Estate, Tuen Mun. He could not recall the exact location;
(4) He then took a taxi to Lam Tin MTR Station. He was instructed to bring the drugs and leave it somewhere on the street for the recipient to pick up. He did not know who the recipient was but he had the contact number. He could not recall the number;
(5) He borrowed HK$600 from his friend, the cash HK$306 seized was the remaining amount of that HK$600 after paying the taxi fee. He did not tell his friend how he was going to use the money;
(6) He confirmed the mobile phone seized from him belonged to him but refused to provide the password to unlock.
Estimated street value
8. The estimated value of the cocaine seized in February 2021 was about HK$95,676 in powder form or HK$121,451 in crack form.
9. The defendant admits and accepts that he was knowingly in possession of all the dangerous drugs seized in this case for the purpose of trafficking.”
Antecedent
According to the antecedent statement of the defendant, the defendant was born in 2003 in Hong Kong. He is now 19. He was educated up to Form 3 level.
In September 2018, the defendant was convicted of five counts of criminal damage and was put on probation for 18 months.
The defendant was 17 at the time of the offence and is now 19. Given the seriousness of the offence and the likely disposal of the dependant, Mr Khosa agrees that it is not necessary for me to call for a background report or any other pre-sentencing report before sentence.
Mitigation
Mr Khosa, counsel for the defendant, sets out in his detailed written mitigation various matters in relation to the background of the defendant and the reason why the defendant committed the offence. The defendant was only 17 at the time of his arrest. He was diagnosed to be suffering from ADHD since he was 8 years old. The defendant was unable to find employment after his probation order expired in January 2020. He committed the offence because he wanted to ease the financial burden of his mother at a time when the defendant’s mother’s work as a beautician had come to a stop due to COVID.
Mr Khosa submits that the defendant pleaded guilty at the earliest opportunity and he is entitled to the full one-third discount.
Mr Khosa submits that given the quantity of the cocaine involved, that is 52.6 grammes, and the sentencing tariffs in Lau Tak Ming, the appropriate bracket is 50 grammes to 200 grammes for which the sentence is from 8 years and 12 years.
Mr Khosa draws my attention to the steps for sentencing consideration in HKSAR v Herry Jane Yusuph, CACC 93/2019:
(1) Paragraph 57. The first step is to identify the relevant guideline bracket of the drug involved;
(2) Paragraph 58. The second step is to identity the role of the defendant;
(3) Paragraph 69 to 72. To identify where in the band the defendant stands, the court may go outside the band depending on the circumstances of the commission of the offence and the role of the defendant.
Mr Khosa submits that in the present case there are no aggravating factors, but the court may consider circumstances of the defendant in deciding whether to adopt a lower starting point.
Mr Khosa submits from the purely mathematical approach, the notional starting point will be 8 years and 1 month.
Consideration
In sentencing the defendant, I have taken into consideration the nature of and the quantity of the drugs, the tariffs as set down in Lau Tak Ming, the sentencing consideration as set out in Herry Jane Yusuph, the facts of the case, all the matters urged on the defendant’s behalf and the materials placed before me by Mr Khosa.
The offence of trafficking in a dangerous drug is a serious offence, it is no less serious because it was committed by a young man of 17. Whilst the young age of the defendant is a matter that I should take into consideration, it is not a matter that carries much weight in the sentencing consideration or else a wrong message would be sent to the drug traffickers that youngsters lured by them to traffic in dangerous drugs would receive light sentences.
The strongest mitigating factor in this case is the timely plea of the defendant. He should be given the full one-third reduction for his early plea.
Mr Khosa is right to submit that given the quantity of cocaine involved, that is 52.6 grammes of cocaine, the defendant’s case falls within the band of 50 grammes and 200 grammes for which the sentence is from 8 years to 12 years.
The facts show that the role of the defendant was that of a courier. Given the role of the defendant was that of a courier, in my judgment, an initial starting point after trial should be 8 years’ imprisonment.
Mr Khosa is right to submit that there are no aggravating factors. As said, the defendant is entitled to the full one-third reduction for his timely plea, that would bring the sentence down to 64 months.
For the age of the defendant, he was 17 at the time of the offence, he was not a person of extreme youth. For the relatively young age of the defendant, I am prepared to give him an extra 3-month reduction. The sentence is further reduced to 61 months’ imprisonment.
The other matters urged on the defendant’s behalf by Mr Khosa, for example, the ADHD suffered by the defendant, the reasons why he offended, the mitigation letters, whether considered separately or collectively, they do not count as a mitigating factor that can further reduce the sentence.
In my judgment, a sentence of 5 years and 1 month’s imprisonment, that is 61 months, is a fair, just and balanced sentence in all the circumstances of the offence and the defendant.
Sentence
For the reasons given, I sentence the defendant to 5 years and 1 month’s imprisonment.