HKSAR v. Chow Pui Yeung

DCCC 997/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 997 OF 2010

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Reasons for Sentence

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Charge and facts

1.The Defendant pleads guilty to trafficking in a dangerous drug, namely a total of 19.85 grammes of powder containing 16.72 grammes of cocaine in 15 resealable plastic bags.  On the afternoon of 25 July 2010, the police stopped him on Whampoa Street and checked his identity.  When he failed to provide his identity card, he was escorted back to his residence on Whampoa Street.  The police found the drug in his underpants.  He had $3,529 cash.  Under caution he said the drug was for self-consumption.  He claimed to have bought it at a price of $3,000 from a person.  He did not have the means to contact that person. 

2.The police estimated the drug could be sold at the street level at $17,840.24. 

3.The prosecution case was based on possession of the drug for the purpose of unlawful trafficking.

Personal background and mitigation put forward

4.He is now 25 years of age.  He was educated up to F.3 level.  He lives with his mother, who is in poor health and unable to work.  He last worked as a transportation worker but then lost the job.  He was then involved in a drink driving case.  He committed the present offence to get money to provide for his mother in case he should end up in jail.  He had some drug habit but the entire bulk of drug was meant for trafficking on the date of the offence in question.

5.He has a conviction for simple possession and another for drink driving causing death.  The former resulted in a probation order which he breached.  He was sentenced to 12 months’ imprisonment instead.  The latter resulted in a 4-year sentence to be served after the drug sentence. 

Sentencing principles

6.There are sentencing guidelines for trafficking in cocaine.  In Attorney General v Rojas [1994] 1 HKC 342, Silke VP equated the adverse psychotropic impact of cocaine with heroin.  The sentencing guidelines in R v Lau Tak-ming [1990] 2 HKLR 370 were said to be directly applicable.  Between 10 to 50 grammes, 5 to 8 years can be imposed.  The present quantity of 16.72 grammes of cocaine lies within this band.

Sentencing this Defendant

7.Taking into account his role as the seller of drug in such unsophisticated mode, I take a starting point of 5 years.  I reduce it by one-third because of his plea of guilty.  There is no other mitigation.  His sentence is 3 years and 4 months.  This shall be consecutive to his said drug and drink driving sentences.