HKSAR v. Tai Tsz Ho

DCCC220/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 220 OF 2012

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Reasons for Sentence

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1.Defendant, you pleaded guilty to a single offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

2.You admitted the facts and I convicted you. Briefly, those facts were as follows. 

3.DPCs 54337 (PW1) and 52505 (PW2) at about 0045 hours on 21 December last saw you acting furtively outside Block 1, Kwai Fong Terrace, 15 Kwai Yi Road, Kwai Chung. 

4.They revealed their identification as police officers and intercepted and searched you.  You were seen to be holding a box of lemon tea (Exhibit 1) in your right hand. Upon search, 41 transparent plastic bags containing crack cocaine were found inside that box, that is E2.

5.Under arrest and caution, you said E2 belonged to you for your own consumption and contained cocaine.  In your possession you had cash of $2,120 and a mobile phone. 

6.In a video recorded interview held on 21 December last, you said the following.  On 20 December, an unknown male at an amusement centre in Mongkok offered you 40 packets of “Coke” for $7,000 and you agreed.  You were given a transparent plastic bag wrapped in tissue paper containing packets of “Coke” and you paid the money over.  You put the “Coke” into cigarettes for smoking, consuming two packets per day.  The money in your possession was savings from your job.

7.Subsequent analysis showed E2 to be 41 packets containing 11.53 grammes of a solid containing 8.03 grammes of cocaine.  The estimated street value of the dangerous drugs was $10,804.

8.You admitted to two previous convictions on one occasion, neither of which was similar. 

9.Miss Lam entered mitigation on your behalf.  She told me that you agreed with the contents of the antecedent statement, that you are 19, unemployed, educated to Form 3 and living with your parents. 

10.Your parents are present in court today.  Your father is now unemployed after an operation and also having hepatitis.  Your mother works as a part-time cleaner.  The whole family relies on public assistance.  At the time of the commission of the offence, you had left your job as an apprentice in a hair salon.

11.Being realistic, Miss Lam pointed out that the only real mitigation in this case was your plea of guilty.  She told me that she had explained the tariff to you and you understood that.  She said that you were remorseful for what you have done. 

12.I turn now to the sentence. 

13.Trafficking in dangerous drugs is always a serious matter.  In this case we have just over 8 grammes of cocaine, which places it in the tariff range of 2 to 5 years’ imprisonment.  I note that you are 19 years of age and this is your first conviction involving drugs.  I note also that you were cooperative on arrest and that you enjoyed the support of your parents.  I note also that your parents are very upset by your acts.

14.Taking all matters into account, I will be as lenient as I possibly can consistent with my public duty. 

15.I take as a starting point 45 months’ imprisonment, reduced to 30 months for your plea of guilty.  You will go to prison for 30 months.