HKSAR v. So Ching Lam

DCCC 592/2022

[2023] HKDC 1236

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 592 OF 2022

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REASONS FOR SENTENCE

The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is cocaine.

Summary of Facts

2.About 5:30 p.m. on 22 February 2022, the defendant was observed by police officers leaving Room 228, Oi Shun House, Yau Oi Estate, Tuen Mun ("the Flat").  PC 19773 (PW1)  and PC 18479 (PW2)  revealed their police identity and intercepted her.

3.With the defendant's consent, PWs 1 and 2 entered the Flat and executed a search warrant.  The following items were found in the Flat :-

(a)  On the computer desk:

(i)  45 plastic bags which contained a total of 6.53 grammes of a solid containing 5.14 grammes of cocaine;

(ii)  14 plastic bags which contained a total of 1.93 grammes of a solid containing 1.26 grammes of cocaine;

(iii)  1 plastic cup which contained 12.7 grammes of a solid containing 8.40 grammes of cocaine; and

(iv)  49 plastic bags which contained a total of 7.09 grammes of a solid containing 5.31 grammes of cocaine;

(b)  an electronic scale;

(c)  a metal clamp and a metal rod;

(d)  a plastic box which contained an electronic scale and a pile of unused small transparent resealable plastic bags; and

(e)  cash in the sum of $5,000.

4.At 5:40 p.m. on the same day, PW1 arrested the defendant for "trafficking".  Under caution, she admitted that she trafficked in dangerous drugs in order to earn some money for her tuition fees.

5.A body search was also conducted on the defendant at the Flat.  The following items were found :-

(a)  In the defendant's bra:

(i)  2 plastic bags which contained a total of 10.7 grammes of a solid containing 7.02 grammes of cocaine; and

(ii)  10 plastic bags which contained a total of 1.47 grammes of a solid containing 1.09 grammes of cocaine;

(b)  a mobile phone;

(c)  2 keys to the Flat; and

(d)  cash in the sum of $2,800.

6.At 6:15 p.m. on the same day, the defendant was arrested for another "trafficking" offence. Under caution, she repeated that she trafficked in dangerous drugs to earn money for her tuition fees.

7.In her video recorded interview, the defendant admitted, inter alia, that she trafficked in cocaine to pay for her tuition fees.  She stored the cocaine at the Flat for reselling.  She had been selling drugs for a month, but she was not a drug addict.  The plastic bags, electronic scales and tools found in the Flat were for packaging the cocaine.

Mitigation & Sentence

8.The defendant is 22 and has a clear record.  Defence counsel Mr. Chow informed me that at the time of the offence, the defendant was a full-time student studying for a Higher Diploma in Aviation Studies.  The defendant's parents had a divorce when she was in P.3.  She was brought up by her mother, who could only earn a meagre income.  In mitigation, Mr. Chow submitted that the defendant wanted to pay for her tuition fees on her own without creating additional financial burden on her mother.  As a result, she foolishly resorted to illegal means hoping that she could earn some quick money.  Mr. Chow stressed that the defendant is truly remorseful.  Her mother and maternal relatives are all supportive of her.

9.Drug abuse has been a long-term problem in our society.  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime (be it in the capacity of a seller, courier or storekeeper)  and that drug traffickers (even fresh offenders)  would most certainly be punished by long-term imprisonment.  Also, being in financial difficulty (however serious)  is no mitigating factor for committing a crime.

10.The Court of Appeal has laid down clear sentencing guidelines for trafficking in cocaine (see Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69 and The Queen v Lau Tak-ming & others [1990] 2 HKLR 370).  For 10 to 50 grammes, the sentence ranges from 5 to 8 years' imprisonment.

In the present case, the defendant trafficked in 28.22 grammes of cocaine. Applying a strict arithmetical approach, the appropriate starting point is 6 years and 4 months. In view of the defendant's age and clear record, I adopt a starting point of 6 years for ease of calculation. With the timely guilty plea, the sentence is reduced to 4 years. Apart from this, I see no other mitigating factors which warrant any further reduction. I sentence the defendant to 4 years' imprisonment.