HKSAR v. Lau Ho Yin

DCCC1384/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1384 OF 2009

----------------------

----------------------

---------------------

Reasons for Sentence

---------------------

1.The defendant pleaded guilty to one charge of “Trafficking in a dangerous drug”. The dangerous drug involved is methamphetamine hydrochloride (commonly known as “Ice”).

2.The facts of this case are simple and straightforward. This is a typical “stop and search” incident. Shortly before 11.30 pm on 19 October 2009, 3 police constables saw the defendant and another Chinese male named Liu alighting from a taxi at Wo Ming Lane, Fanling. The defendant placed his left hand on his waist as if pressing against something. The police constables then stopped the defendant and Liu for investigation.

3.PC1617 searched the defendant and felt something bulky in front of his waist. The constable unbuckled the defendant’s belt and found a packet of suspected dangerous drugs wrapped in tissue paper tucked in his underpants. The Government Chemist subsequently examined the drugs seized from the defendant. He confirmed that it is 13.57 grammes of a crystalline solid containing 12.82 grammes of methamphetamine hydrochloride.

4.After arrest and under caution, the defendant initially admitted that he was carrying the drug for Liu. Whenever Liu received an order, he would ring the defendant for delivery. Each packet would be sold at HK$300. The defendant would receive HK$60 as his reward for each transaction.

5.On the following day (20 October 2009), the police conducted 2 video interviews with the defendant. In his 2^nd interview, the defendant claimed that he had lied about Liu’s involvement, because he thought it might reduce his sentence. In fact, in the evening of his arrest, the defendant was only meeting Liu for dinner; Liu had no knowledge of the drug carried by him. The defendant also claimed that he purchased the drug from someone in Mongkok the day before his arrest. He intended to keep some for his own consumption and to sell the rest.

6.The defendant is now 22 years old. He was born and raised in Hong Kong and has a clear record. He received his education in Hong Kong up to Form 3. He has previously worked as a salesman, transportation worker and cook. At the time of arrest, he was unemployed. The defendant is single and resides with his parents and siblings. His family members are present in court today.

7.In the course of mitigation, defence lawyer Mr Chan submitted a letter written by the defendant, which I have now read. Mr Chan added that the defendant is aware of the sentencing tariff for trafficking in “Ice”. Mr Chan informed the court that the defendant is aware of his wrongdoing and has decided to reform himself in prison. The defendant will make himself useful in the society after serving his sentence.

8.The tariff for trafficking in “Ice” is laid down in Attorney General v Ching Kwok Hung [1991] 2 HKLR 125. For up to 12 grammes, the sentence should range from 3 to 7 years’ imprisonment. In the present case, I adopt a starting point of 7 years (84 months). One-third discount is given for the guilty plea, thereby reducing the sentence to 4 years 8 months. In view of the defendant’s relatively young age and clear record, I further reduce the sentence by 2 months.

9.As a result, I sentence the defendant to 4 years and 6 months imprisonment.