HKSAR v. Ho Sai Ka

DCCC268/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 268 OF 2011

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Reasons for Sentence

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1.The defendant pleaded guilty to a charge of trafficking in 19.51 grammes of cocaine.

2.The facts admitted by the defendant state that on 26 January 2011, a team of police officers laid ambush at a park near the Yuk Kwai House, Kwai Chung Estate in Kwai Chung.

3.They observed the defendant coming out of Yuk Kwai House, they intercepted him and took him back to his room on the 10th floor of the building.

4.In a drawer beside a bed, the officers came across two plastic bags containing the drugs, the subject of the charge, an electronic scale and a pack of transparent plastic bags.

5.The defendant told the police that he had bought two large tablets of cocaine from a person called “Sai Fai” two days previously for $13,000.  He said he subdivided the cocaine into 80 plastic bags with about 0.3  gramme in each bag.

6.He intended to sell the bags at a price of $400 each.  That would be a return of $32,000.  The estimated value of the drugs as far as the police were concerned is just over $25,000.

7.The defendant has one previous court appearance a numbers of years ago in 2004 for a different type of offence, for assault, and he was placed on probation for 12 months.

8.I am told that the defendant came to Hong Kong when he was 12 to be re-united with his mother and two siblings, an elder brother and younger sister.  I am told that when he did come to Hong Kong, his father deserted the matrimonial home and did not return until after his conviction in 2004.

9.I am told that when the defendant came to Hong Kong, he started to study in Primary 4 and he remained in education until Form 1, when he was aged 16.  I am told that he found himself unable to cope with school and so he dropped out.

10.I am told he has worked as a casual worker for a decoration company but recently he has been unemployed.  He has been bought up by his mother and grandmother.  His mother does not work, she has three children to raise and lives off the comprehensive social security allowance.  

11.With regard to the offence itself, I am told that the defendant was ashamed because he was always asking his family for money and he was looking to make some quick cash. 

12.The only real mitigation in this case is that the defendant has pleaded guilty at the earliest opportunity and he has been cooperative with the police.  The defendant is a young man and his only previous court appearance was 7 years ago when he was placed on probation. 

13.As counsel rightly acknowledges, the guidelines for sentencing in this case having regard to the quantity of the drugs which the defendant had in his possession put the sentencing range for this offence in the 5 to 8 years’ imprisonment bracket.

14.Having considered the age of the defendant and the background which has been outlined to me, I have decided to adopt a sentence at the lower end of that scale.  I take a starting point of 5 years for this offence and I reduce that by one-third to reflect the plea.

15.The defendant will go to prison for 40 months.