HKSAR v. Lau Chi Ming

DCCC 994/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 994 OF 2010

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Reasons for Sentence

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Charge and facts

1.The Defendant pleads guilty to a charge of trafficking in a dangerous drug, namely cocaine.  At 1:25 a.m. on 23 July 2010, the police intercepted a male in the vicinity of Room C, 1^st Floor, No. 3 Fu Hing Street, Sheung Shui, N.T.  They used his key to enter the premises to execute a search warrant.  The Defendant was sitting on the bed where a metal box was found. Inside were the following items:

(1) 33 plastic bags containing a total of 9.29 grammes of a solid containing 6.58 grammes of cocaine;

(2) 1 large transparent resealable plastic bag containing plastic bags;

(3) 1 electronic scale.

2.There was 1 notebook on the bed.  There were 1 stapler and 1 box of staples on the table.

3.He admitted to the police that he used the electronic scale to weigh the cocaine.  He then stapled the bags of cocaine for sale to others.  The notebook was for recording the transactions.  There was $505.70 cash on him.  He later sought to amend his admission to a denial.

Personal background and mitigation

4.The Defendant has a clear record.  He was 18 at the time of the offence and is still so now.  He has received F. 3 education.  He lives with his mother and elder brother.  He was unemployed at the time of the arrest.  His solicitor informs me that he is still a drug dependant.   

Sentencing guidelines for trafficking in cocaine

5.In Attorney General v Rojas [1994] 1 HKC 342, which was a case of trafficking in cocaine, Silke VP observed that the harm of cocaine was closely linked to the harm of heroin.  It would have the same sentence as R v Lau Tak-ming [1990] 2 HKLR 370, which set out the guidelines for sentencing traffickers of heroin as follows:

(1) Up to 10 grammes of heroin, 2 to 5 years;

(2) 10 to 50 grammes, 5 to 8 years;

(3) 50 to 200 grammes, 8 to 12 years;

(4) 200 to 400 grammes, 12 to 15 years;

(5) 400 to 600 grammes, 15 to 20 years;

(6) Over 600 grammes, 20 years upwards.

Sentencing this Defendant

6.He was running a business of packing and selling cocaine on his own account.  He is a drug dependant and the option of training centre is out. Based on the guidelines laid down in R v Lau Tak-ming (above), I take a starting point of 3 years.  I reduce it to 2 years because of his plea of guilty.  He has no other mitigating factors.  This is the sentence.