HKSAR v. Yu Tak Lung

DCCC 17 /2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 17 OF 2012

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BETWEEN

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Reasons for Sentence

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Introduction

1.The defendant is convicted on his own plea of one charge of trafficking in a dangerous drug, namely 13.66 grammes of a crystalline solid containing 9.01 grammes of methamphetamine hydrochloride, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

Facts

2.The facts admitted by the defendant reveal that at about 6:07 pm on 12 November 2011, PC2021 (“PW1”) intercepted the defendant outside Ground Floor, Ying Hong House, Choi Ying Estate, Ngau Tau Kok, Kowloon. Upon search, PW1 found from the left front pocket of the defendant’s pants a transparent resealable plastic bag containing some solid which was subsequently found to be 13.66 grammes of a crystalline solid containing 9.01 grammes of methamphetamine hydrochloride. Under caution, the defendant said that he helped someone to deliver “ice” to others for a reward of HK$500.

The defendant’s previous conviction record and antecedents

3.The defendant has four previous convictions, the last two being possession of dangerous drugs sentenced in November 2005.

4.The defendant was born in February 1984 and is now 28. He is single and has received education up to Form 5 level. At the time of his arrest on 12 November 2011, he was unemployed.

Mitigation

5.Ms Cheong fairly submitted that the strongest mitigating feature in this case is the defendant’s remorse as reflected from his guilty plea. Ms Cheong also submitted that the defendant had a supportive family.

6.Three respective letters from the defendant himself, his mother and his sister were submitted to this court asking for leniency. It was stated in the defendant’s letter that his maternal grandfather was suffering from cancer and so the defendant wished that he could reunite with his maternal grandfather as soon as possible.

Sentencing authority and other cases

7.According to Attorney General v CHING Kwok-hung [1991] 2 HKLR 125 and HKSAR v CAPITANIA Edwin F CACC28/2004, for trafficking in ice in a quantity of up to 10 grammes, the appropriate  sentence range is one of 3 to 7 years’ imprisonment.

8.In HKSAR v NG Yau-kau CACC374/2007, the sentence of 4 years’ imprisonment after plea for trafficking in 8.53 grammes of ice was considered appropriate. In that case, a Newton enquiry was held prior to sentencing.

9.In HKSAR v LAM Man-lung DCCC177/2010, the defendant pleaded guilty to inter alia one charge of trafficking in dangerous drugs, namely 9.35 grammes of methamphetamine hydrochloride, small quantities of cocaine and cannabis. In imposing sentence, His Honour Judge Browne adopted a starting point of 6½ years’ imprisonment.

10.In HKSAR v HO Kai-wah DCCC735/2010, the defendant pleaded guilty to one charge of trafficking in 9.15 grammes of methamphetamine hydrochloride. A starting point of 6½ years’ imprisonment was adopted by Deputy District Judge Dufton.

11.I have also considered HKSAR v LAM Pan-ho DCCC1014/2011 in which the defendant pleaded guilty to one charge of trafficking in 9.36 grammes of methamphetamine hydrochloride. Deputy District Judge Joseph To remarked that had the defendant intended to traffic in 9.36 grammes of “ice”, a starting point of 6½ years could not be faulted.

Sentence

12.I have full sympathy with the situation of the defendant’s maternal grandfather. Nonetheless, drug trafficking offences do call for substantial custodial sentence. Having considered the quantity of ice involved in this case and the defendant’s personal background, I am minded to adopt a starting point of 6 years and 3 months’ imprisonment.

13.In light of the defendant’s guilty plea, I give him one-third discount thus reducing the sentence to 4 years and 2 months’ imprisonment. There being no further mitigating features justifying any further reduction in sentence, the defendant is sentenced to 4 years and 2 months’ imprisonment.