HKSAR v. Chan Man Fai

DCCC1278/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1278 OF 2009

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

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

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

Reasons for Sentence

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

Charge

1.The defendant has pleaded guilty to a charge of trafficking in a dangerous drug. i.e. 10.47 grammes of a solid containing 8.84 grammes of cocaine. Such offence is contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134

Facts

2.The facts of this case could be summarized as follows.

3.About 1.10 am on 23 September 2009, the police had raided a licensed bar named “80’s Style Lounge”, situated at 1st floor, Nos. 6-8, Prat Avenue of Tsim Sha Tsui. Upon enquiry the defendant who was a waiter of the lounge, took out a key from his trousers pocket and unlocked a locker inside the staff changing room of the lounge.

4.Two resealable plastic bags containing 10.47 grammes of a solid containing 8.84 grammes of cocaine in total were found inside a metal box placed in the said locker.

5.The defendant was arrested for possession of a dangerous drug. Under caution, he stated that the cocaine was for his own consumption. It was confirmed that the defendant had been employed as a waiter of the lounge since 1 September 2008 and he was the sole user of the locker in question.

6.The street level retail value of the seized cocaine was about $8,900 in September 2009.

7.At the material time the defendant possessed the said drugs for the purpose of unlawful trafficking.

The defendant’s background

8.The defendant, aged 29, was a waiter at the licensed bar in question for over a year earning $10,000 per month. He contributed $4,000 to his mother for monthly family expenses. He lived with his parents and two younger brothers. Family relationship was close and harmonious. He has a clear record. Due to the adverse influence of undesirable peers and his involvement with the drugs, the defendant committed the present offence.

9.The defendant admitted that although he intended to reserve a small portion of cocaine for his own consumption, the major quantity was for trafficking purpose. Consequently, he pleaded guilty to the offence of trafficking in a dangerous drug.

Sentencing guidelines

10.The Court of Appeal in R v Lau Tak Ming and others CACC230/1989 set out sentencing tariff for trafficking in cocaine after trial. 2 to 5 years’ imprisonment would be warranted for amounts up to 10 grammes of narcotics. In our case the narcotic quantity of cocaine involved was 8.84 grammes. As such, a starting point of 54 months’ imprisonment would be adopted in this case.

11.This court has fully considered the background of the case and of the defendant, mitigation advanced by the defence solicitor, the defendant’s plea and sentencing tariff laid down by the Court of Appeal.

12.As the defendant is entitled to the usual one-third discount for his plea, the sentence would be reduced to 36 months.

13.This court is prepared to grant a further reduction of 3 months for the defendant’s previous good conduct and his co-operation with the police. As such, the defendant has to serve a 33 months’ imprisonment.