HKSAR v. Cheung Hiu Laam

DCCC 331/2024

[2024] HKDC 2137

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 331 OF 2024

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REASONS FOR SENTENCE

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1.The Defendant pleaded guilty to a charge of trafficking in dangerous drugs, namely 6.30 grams of a solid containing 4.42 grams of cocaine.

2.At around 3:41 am on 8 November 2023, the police found the Defendant acting furtively in Woosung Street, Jordan.

3.During a body search, 40 packets of cocaine were found inside her bra.

4.Under caution, she said that she would receive HK$300.00 as a reward after distribution of those drugs.

Criminal records

5.The Defendant has eight court appearances with eight criminal convictions, mostly relating to gambling offences and her last conviction was a charge of fraud in January 2024.

Mitigation

6.The Defendant is now 36 years old, single, lived with her long-term boyfriend and worked as a petroleum station attendant making HK$12,000.00 per month prior to the present arrest.

7.During her current period of remand, she has found faith in Christianity.  In her letter to this Court, she said that she is now remorseful and understands what she did has a negative impact on the society and herself.  She asked for leniency.

Sentence

8.The sentencing guidelines for trafficking in cocaine can be found in R v Lau Tak Ming & others [1990] 2 HKLR 370 and HKSAR v Pedro Nel Rojas [1994] 2 HKCLR 69.  As to the quantity of a narcotic content of 4.42 grams, it attracts a sentence of 3 years and 4 months.

9.The Defence said that the Defendant deserved a lower sentence in view of a number of factors that :-

(a)  Her early plea to save the court’s time;

(b)  She has found faith in Christianity and;

(c)  She is determined to rehabilitate;

(d)  Her role was a courier and was influenced by a friend with a lapse of judgement.

10.I decline to consider a lower sentence as all these factors will be considered in a package of the ¹/₃ discount.

11.The Defence also accepted that there is an aggravating factor as the Defendant committed the present offence while she was on police bail in ST/3673/23 since July 2022.

12.As such, I enhance the starting point by 2 months.

13.To this end, taking 3 years and 4 months as the starting point and enhancing the sentence by 2 months; it arrives at 3 years and 6 months.

14.Given the ¹/₃ discount, the sentence comes down to 2 years and 4 months.

15.The Defendant is ordered to serve a sentence for a period of 2 years and 4 months’ imprisonment.