HKSAR v. Lai Chi Keung

DCCC 1151/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1151 OF 2008

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REASONS FOR SENTENCE

1.The defendant pleads guilty to two charges of trafficking in cocaine, contrary to section 4 of the Dangerous Drugs Ordinance.   

2.In summary in the afternoon of the 6th October 2008 the police conducted an anti-narcotics operation outside Flat B, 3rd Floor, Lucky Court, No. 38 Mok Choeng Street, To Kwa Wan.   At 17.35 the defendant drove a private car to Lucky Court, alighted and walked hurriedly into Lucky Court.  Fifteen minutes later the defendant was intercepted leaving the flat.  Upon search of the defendant’s right front trouser pocket the police found a plastic bag containing 20 small resealable plastic bags, inside which was 8.18 grammes of cocaine.  Under caution the defendant admitted the drugs were for his own consumption. 

3.The defendant then opened the flat and on search the police found over 100 plastic bags together with equipment for packaging drugs.  36 of the plastic bags were found to contain a total of 15.19 grammes of cocaine. Under caution the defendant again admitted the cocaine was for his own consumption. 

4.The courts have equated for sentencing purposes cocaine with heroin (see Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69).  In R v LAU Tak-ming[1990] 2 HKLR 370 the Court of Appeal laid down guidelines for trafficking in heroin.  The court said that the sentence upon conviction after trial where the quantity of narcotic is up to 10 grammes is between 2 and 5 years imprisonment and between 10 and 50 grammes is between 5 and 8 years imprisonment.

5.In passing sentence I have carefully considered everything said on the defendant’s behalf by Miss Chan.  The defendant says he started taking cocaine in the summer of 2008 and would consume 2-3 grammes of cocaine each week.  Being unable to support his drug habit the defendant resorted to trafficking on behalf of a person called Ah Yeung. The defendant was provided with a flat where the drugs were stored and would deliver the drugs as and when required by Ah Yeung.  As a reward the defendant would be able to consume some of the cocaine kept in the flat.  The defendant says that 2-3 grammes of the cocaine found in the flat would have been for his own consumption.  Taking into account the defendant admitted on arrest the cocaine was for his own consumption and that he has a conviction for possession of drugs in 2001 I am prepared to proceed on the basis a small quantity of the cocaine was for his own consumption. 

6.I am satisfied the proper starting point after trial for 8.18 grammes of cocaine is four years and six months imprisonment and for 15.19 grammes of cocaine five years and six months imprisonment.  The overall starting point for trafficking in 23.47 grammes of cocaine is six years imprisonment.

7.In deciding how much weight should be attached to the fact some of the drugs found in the flat were for the defendant’s own consumption I have considered the decision in HKSAR v. WONG Suet-hau [2002] 1 HKLRD 69, in particular paragraphs 33 and 34.  I am satisfied this makes only slight difference to the sentence to be imposed.

8.Taking into account part was for the defendant's own consumption I reduce the starting point on charge 2to one of five years and three months imprisonment.  Similarly I reduce the overall starting point by three months to five years and nine months imprisonment.

9.Giving the defendant full credit for his pleas of guilty he is sentenced as follow:

Charge 1 – 3 years imprisonment;

Charge 2 – 3 years and 6 months imprisonment; 10 months consecutive and 2 years and 8 months concurrent to charge 1.

I am satisfied a total sentence of three years and ten months imprisonment properly reflects the defendants criminality on the two charges.