HKSAR v. Lau Cho Ho and Another

DCCC1215/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1215 OF 2010

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Reasons for Sentence

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1.Defendant 1, you have pleaded guilty to two charges, both being charges of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134, Laws of Hong Kong, the particulars of the 1st charge being that, on 8 September of this year, at the lobby of the 6th Floor, Dun Tak Mansion, Nos. 33-35B Dundas Street, Mongkok, Kowloon, you trafficked in 1.28 grammes of cocaine; and the particulars of the 2nd charge, being a joint charge with D2, that you, on the same date, at Room C of the 6th Floor of the same premises, unlawfully trafficked in 11.22 grammes of cocaine.

2.D2, you face only the 2nd charge, to which you have also pleaded guilty.

3.The brief facts, which you have both admitted, are extremely straightforward, and confirm that, at about 8 o'clock in the evening, the police followed you, D1, into Dun Tak Mansion, and a search on you revealed five plastic packets of cocaine, being the subject matter of the 1st charge, in your left jeans pocket.  You told the police, under caution, that you planned to sell the drugs to earn money.

4.You were eventually taken up to Room C on the 6th floor of the same building, where you lived with the 2nd defendant. Shortly afterwards you, D2, came out from the lift at the 6th Floor.  The premises were searched and, in a metal box on the computer rack, 49 plastic bags containing cocaine, being the subject matter of the 2nd charge, were found.

5.You both admitted, under caution, that the drugs belonged to both of you, and you both planned to re-sell the drugs to earn money. 

6.You are both still relatively young, each of you 18 years of age.  You, D1, have four previous convictions, none of which are similar.  And you, D2, have a clear record.  I note, however, that you do have a superintendent’s discretion for an offence of theft in 2006.

7.I have obtained background probation reports on both of you, together with detention centre and training centre suitability reports.  You are both considered to be physically fit and mentally fit for detention in a detention centre or a training centre.  But because you, D1, have been to a detention centre before in 2008, the intake officer considers you to be suitable for detention in a training centre.  As far as you, D2, are concerned, the intake officer considers you to be suitable for detention in a detention centre. 

8.Having read all the reports made available to me, it is abundantly clear that, in view of your age and circumstances, that you are both in need of a period of disciplinary training.

9.Insofar as you, D1, are concerned, I make a training centre order in relation to both charges, to run concurrently with each other. 

10.Insofar as you, D2, are concerned, despite the recommendation of the intake officer, I do not consider the short detention centre programme to be appropriate to reflect the seriousness of the offence to which you have pleaded guilty.  I can tell you that were I to be minded to impose a sentence of imprisonment on you, a quantity of 11.22 grammes of cocaine would attract a sentence in the region of 3½ years’ imprisonment on a plea of guilty.  In your case, you are physically and mentally fit for training in a training centre, and there is a place available for you.  In respect of Charge 2, I sentence you to training in a training centre.