HKSAR v. Law Fong Leong

DCCC 1222/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1222 OF 2010

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REASONS FOR SENTENCE

1.The defendant pleads guilty to one charge of trafficking in 8.34 grammes of a solid containing 6.93 grammes of cocaine, contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2.In summary in the early hours of the 12th August this year the police intercepted a private car driven by the defendant.  Upon search of the car the police found hidden inside the mechanism of the front passenger door one transparent plastic bag inside which was a total of thirty seven plastic bags containing the cocaine. The defendant admitted the drugs were for his own consumption and for the consumption of his friends, who would give him $500 for each tablet.  Also found in the car was an electronic scale and 47 empty plastic bags.  The defendant admitted that the empty bags were for packing the cocaine after weighing with the electronic scale. 

3.In passing sentence I have carefully considered everything said on behalf of the defendant by Mr Boyton, together with the letters submitted by the defendant and his father. 

4.The courts have equated for sentencing purposes cocaine with heroin (see Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69).  In R v LAU Tak-ming[1990] 2 HKLR 370 the Court of Appeal laid down guidelines for trafficking in heroin.  The court said that the sentence upon conviction after trial where the quantity of narcotic is up to 10 grammes is between 2 and 5 years imprisonment.  I am satisfied the proper starting point after trial for 6.93 grammes of cocaine is 4 years imprisonment. 

Own use

5.I am told that part of the cocaine was for the defendant’s own consumption, specifically the 7 packets containing 1.32 grammes of cocaine.  Taking into account the defendant admitted at the time part of the cocaine was for his own consumption and he has a history of drug abuse, albeit not for cocaine, I am prepared to accept that some of the cocaine was for the defendant’s own consumption. 

6.In deciding how much weight should be attached to the fact some of the cocaine was for the defendant’s own consumption I have considered the decision in HKSAR v. WONG Suet-hau [2002] 1 HKLRD 69, in particular paragraphs 33 and 34.  I am satisfied this makes only slight difference to the sentence to be imposed and reduce the starting point by 3 months to one of 3 years and 9 months imprisonment.  Giving the defendant full credit for his plea of guilty he is convicted and sentenced to 2 years and 6 months imprisonment.