HKSAR v. Leung Kam Chuen, Alex

DCCC308/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 308 OF 2010

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Reasons for Sentence

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1.Leung Kam-chuen, you have been convicted on your own plea of trafficking in 14.63 grammes of a solid containing 13.15 grammes of cocaine.

2.The taxi in which you were travelling at 5.45 am on 20 January this year was stopped at a police roadblock in Yau Ma Tei. You were told to get out of the taxi and you were searched. In the upper pocket of the white jacket you were wearing, the police found 15 packets of suspected cocaine. In a lower pocket, the same jacket, they found 40 packets, also containing suspected cocaine.

3.The police’s suspicions were correct because when these substances were subsequently analysed, they were found to amount to the quantity of drugs referred to in the charge. At that time you claimed the drugs were for your own consumption, now by your plea today, you have accepted that you were in possession of them for the purpose of trafficking.

4.You are a man of 35 and you would have been well aware that very serious consequences would follow if you were caught for trafficking in dangerous drugs. Nevertheless, you decided to take the risk presumably on the basis that substantial rewards would follow. Now, you have to accept the consequences.

5.As Mr Leung would have informed you, the normal starting point for those traffic in between 10 and 50 grammes of cocaine, it is a starting point of between 5 and 8 years’ imprisonment unless there are exceptional circumstances. There are no exceptional circumstances in this case, and I see no reason to depart from the normal starting point.

6.Bearing in mind the quantity of drugs involved and the fact that although you do have previous convictions of criminal offences, this is your first conviction for a drug offence, I am prepared to adopt a starting point at the bottom of the tariff band, namely 5 years’ imprisonment.

7.I have listened to all that Mr Leung has said on your behalf about your background and about what led you to commit this offence. However, the only substantial mitigation in this case is your plea of guilty, for that you are entitled to the usual discount of one-third. I accordingly sentence you to 40 months' imprisonment, that is 3 years 4 months.

8.I have considered whether it was appropriate to impose a fine in addition to a sentence of imprisonment. I am satisfied that you do have the means, bearing in mind that you admit that the $11,000 odd that was found upon you was your money. However, it is your claim that it is now your intention that you will use that to repay your debts to your previous landlord in Shenzhen and your three employees there.

9.Having considered the matter, I am prepared to trust your word that that is how you will apply that money and therefore I do not intend to impose a fine which would prejudice your ability to pay to others the money that you owe them.