HKSAR v. Tsang Ka Ho

DCCC333/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 333 OF 2010

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Reasons for Sentence

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1.The defendant pleaded guilty to 1 charge of "Trafficking in a dangerous drug". The dangerous drug involved is cocaine.

Summary of Facts

2.Shortly past 2:00 am on 2 February 2010, police officers spotted a taxi waiting outside Shek Wai Kok Market in Tsuen Wan.  They saw the defendant and another male alighting from the taxi, whilst a third male remained in the front passenger seat.  They then intercepted the defendant and the other 2 males for enquiry.

3.PC 58695 searched the defendant. He found in the defendant's left front trouser pocket a resealable transparent plastic bag containing another resealable transparent plastic bag which contained suspected dangerous drugs.  The defendant was arrested.  Under caution, the defendant admitted that the plastic bag contained cocaine, but claimed that the drug belonged to the other 2 males.  He also refused to sign the post-recorded statement.

4.The Government Chemist examined the 2 plastic bags seized from the defendant and confirmed that they contained 23.56 grammes of a solid containing 18.46 grammes of cocaine.

5.The defendant now admits that he possessed the cocaine for the purpose of unlawful trafficking.

Mitigation & Sentence

6.The defendant is 27.  He is single and resides with his parents and siblings.  He has 8 previous convictions, 7 of which are "Possession of dangerous drugs".

7.Defence counsel Ms. CHAN submitted that the defendant's main problem is his drug addiction.  As a result of influence by undesirable peers, the defendant first started to toy with ketamine and cannabis, and subsequently, cocaine.  Upon release from DATC in mid-January this year, the defendant managed to secure a job as a kitchen worker earning about $8,500 per month.  Unfortunately, he relapsed into his drug habit.  Since he was unable to finance his addiction, he started trafficking in return for a small sum of cash and some cocaine for self-consumption.  Ms. CHAN submitted that the defendant does not want to defend himself in this case because he knows he was wrong.  He has decided to start a new life upon release.  And because of this case, he has mended his relationship with his parents.

8.A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment.  The sentencing tariff for trafficking in cocaine is the same as heroin (see Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69 and The Queen v LAU Tak-ming & others [1990] 2 HKLR 370).  For 10 to 50 grammes, the sentence ranges from 5 to 8 years.

9.In the course of mitigation, Ms. CHAN stressed that of the 18 odd grammes of cocaine seized, 3 grammes were for the defendant's own consumption (a fact which the Prosecution does not challenge).  In my view, it makes practically no difference.  In any event, I will sentence the defendant on the basis of 15.46 grammes.  I adopt a starting point of 5 years imprisonment.  One-third discount is given for the guilty plea, reducing the sentence to 40 months.  Apart from this, I see no other mitigating factors which warrant any further discount.  The sentence I pass is therefore 3 years and 4 months.