HKSAR v. Cheng Chau Yuen

DCCC994/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 994 OF 2009

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

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

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

Reasons for Sentence

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

1.The defendant has pleaded guilty to one count of trafficking in a dangerous drug in that he trafficked in 998 tablets containing a total of 80.62 grammes of 3,4-methylenedioxyamphetamine.

2.The facts are that on 27 July last year at 11.35 am he was seen outside the Lok Fu MTR Station acting suspiciously. Police officers intercepted him and, in the transparent plastic bag which contained newspapers was found two plastic bags which contained the dangerous drug in the charge.

3.The defendant is aged 20 and he has a clear record. In order to understand a little more about the defendant’s background I called for a Background Report on the defendant.

4.He is the child of divorced parents and his mother is a casual container worker. The defendant used to live with the mother in a public housing unit. The defendant went to primary school in China and when he came to Hong Kong in 2002 he finished his primary schooling. He then studied up to Form 3. His academic performance was poor and he has shown not much interest in work. The defendant, as usual, fell into bad company and, out of greed and laziness, he thought he could make easy money by trafficking in dangerous drugs.

5.Ecstasy is a very common drug which would do a lot of harm to the young people in Hong Kong. When these 998 Ecstasy tablets are disseminated in the young people’s world of karaoke and drink places, it can cause a lot of damage to families so it has to be viewed very seriously.

6.The Court of Appeal in recognising the harm that Ecstasy could cause has laid down guidelines in the case of Hii Siew Cheng, CAAR 7/2006, where it was recommended that for ketamine and Ecstasy trafficking of in between 50 to 300 grammes would merit a sentence of 6 to 9 years.

7.In this case, the defendant trafficked in a total of 80.62 grammes, and taking into account that this is his first offence, I will therefore give a starting point on the lenient side of 6 years’ imprisonment. Because of the defendant’s plea, he is entitled to one-third discount, and therefore he is sentenced to 4 years’ imprisonment.