HKSAR v. Li Dickson

Case No.DCCC 261/2022[2023] HKDC 195[2002] 1 WLR 1615[1988] RPC 618[1988] PRC 618[1983] VR 227[1970] AC 403

Court

District Court

Date07 Feb 2023

Judge—

Case Document

100%Judiciary

DCCC 261/2022

[2023] HKDC 195

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 261 OF 2022

________________________

	HKSAR
	V
	LI DICKSON

________________________

Before:

Deputy District Judge M Chow in Court

Date:

7 February 2023

Present:	Mr Ng Kin Wah, Solicitor on fiat, for HKSAR/Director of Public Prosecution
	Mr Lee Yiu Chung, instructed by Chiu Szeto & Cheng, assigned by the Director of Legal Aid, for the defendant

Offence:

Trafficking in a dangerous drugs (販運危險藥物)

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REASONS FOR SENTENCE

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1.The defendant pleaded guilty to a charge of trafficking in a dangerous drug, namely 5.88 grammes of cocaine.

Summary of facts

2.At around 3:37am on 3 November, 2021, the police found the defendant stood next to the driver’s seat of a private vehicle.

3.During the course of enquiry, the defendant ran away.

4.He was caught up by the police and was brought back to the private vehicle.

5.During the car search, the following items were found: -

a. One transparent resealable plastic bag containing 22 smaller transparent plastic bags containing 5.62 grammes of cocaine.

b. One transparent resealable plastic bag containing 0.26 grammes of cocaine.

6.The defendant said under caution that all the drugs were for his own consumption.

7.He also had cash HKD$20,321 on him.

8.The estimated street value of the drugs was around HK$11,519.

Criminal record

9.The defendant has a clear record.

Mitigation

10.The defendant is aged 23 years old, worked as a transportation worker prior to the present offence. He and his fiancée have a 21 months old baby boy.

11.It is out of financial burden that he committed the present offence and he was acting as a courier.

12.Today, the defence after taking further instruction from the defendant, abandoned the mitigation of self-consumption.

Sentence

13.In respect of cocaine, the sentencing guideline is set down in R v Lau Tak Ming [1990] 1 HKLRD 370.

14.For a quantity of 5.88 grammes of cocaine, it attracts a sentence of 3 years 9 months, given 1/3 discount, it reduces to 2 years 6 months.

15.I agree with the defence that there is no aggravating factor to increase the starting point , given the 1/3 discount, the sentence is reduce to 2 years 6 months imprisonment.

Order

16.The defendant is to serve a sentence of 2 years 6 months’ imprisonment.