HKSAR v. Sham Ka Hung

DCCC1l04/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1l04 OF 2009

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Reasons for Sentence

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1.The defendant has been convicted after trial of one charge of trafficking, namely 9.45 grammes of solid fragments and powder containing 7.75 grammes of cocaine.

2.The defendant is aged 24 but has a poor record. He has had four previous convictions to do with drugs, three of which were for trafficking. He was sent to prison for 6 years in 2002 for drug trafficking. His last conviction was on 20 April 2007 for drug trafficking when he was sent away for 8 months’ imprisonment. He was released from jail on 27 June 2007 and less than a year later was arrested for this present offence.

3.Drug trafficking a very, very serious crime, particularly the young people in Hong Kong have to be protected. Weighed against this, the personal circumstances of the defendant pales to nothing. The defendant chose to go into this trade with his eyes wide open because of the easy money that can be gained from drug trafficking, and the courts therefore have to take a very serious attitude to try to stop this kind of illegal activities on our streets in the early hours of the morning.

4.The courts have laid guidelines for this type of offence and for cocaine, the guideline sentencing should follow that of heroin, as laid down in Lau Tak Ming. For trafficking in 7.75 grammes of cocaine, the sentence should be between 4 to 5 years’ imprisonment, according to the guidelines.

5.There is no mitigation whatsoever that I can see in the defendant’s case. And so I consider - taking into account the circumstances of this case, the background of the defendant and the deterrence that needs to be made, in this case the defendant is sentenced to 5 years’ imprisonment.