HKSAR v. Li Yuk Man

DCCC261/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 261 OF 2009

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Reasons for Sentence

1.The defendant pleaded guilty to a charge of trafficking dangerous drugs.

2.The prosecution case was that the defendant was stopped by PW1, a body search was conducted on him and he was found in possession of different types of drugs.

3.The defendant, claimed under caution that these drugs were for his own consumption.  These drugs are:-

(i)  33 tablets of 0.24 grammes of nimetazepam;

(ii)  76 tablets containing 8.15 grammes of Ecstasy and 10.14 grammes of powder containing 8.5 grammes of Ketamine;

(iii)  2.28 grammes of a solid containing 1.79 grammes of Cocaine. 

4.In respect of the defendant’s criminal record, he has one conviction of possession of dangerous drugs.  That was in April 2008 and he was fined $1,500. 

5.The background of the defendant.  I was told he is now 25, single, came to Hong Kong in 1998.  Father is retired.  Mother earns a small sum of wages as a gardener.  The defendant used to be a cook but the restaurant closed down in October 2008 and he was unemployed since then.  In order to support his family, he has borrowed a total of $70,000 from his friend and financial institutions.  Although he has repaid $30,000, he does not want his family to bear his financial debt and therefore he committed the present offence.

6.In passing sentence, I have considered all the mitigating factors before me.  Including the fact that the defendant was cooperative with police.  The quantity and the nature of drugs involved; this is a single offence for trafficking several different dangerous drugs. 

7.I have regards to the recent authority of Chang Ho-wai, CACC, 129/2008 and another authority of Ip Wai-yin, CACC 80/2003.  According to the GCC the total amount of Ecstasy and Ketamine is 16.65 grammes.  The case of Hii Siew Cheng, CAAR 7/2006 has laid down the guidelines for trafficking of these type of drugs offence.  The amount of drugs falls into the sentencing bracket of 4 to 6 years.  I therefore adopt a starting point of 4½ years.

8.Having considered there’s also a 1.79 grammes of Cocaine which falls into the sentencing bracket of 2 to 5 years, I adopt a starting point of 2 years.  There is also a small amount of 33 tablets of nimetazepam which is of insignificant amount. 

9.Having regard to the totality I’m satisfied that an overall starting point should be 5½ years which is 66 months, I reduce to 44 months to reduce the defendant’s guilty plea.

10.Lastly, I must say that financial difficulty is never a reason for reducing sentence.