HKSAR v. Tai Cheuk Kin and Another

DCCC1252/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1252 OF 2011

----------------------

--------------------------------------

Reasons for Sentence (for D2)

--------------------------------------

1.Defendant, you have pleaded guilty to three charges before this court.

2.Those charges are trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.  They are Charges 2, 3 and 4 on the indictment.  On Charge 2, the date of commission was 11 July 2011; on Charge 3 the 14 July 2011; and on charge 4 on the 15 August 2011.

3.On each occasion you had sold the drug “Ice” to an undercover police officer at Ting Ping Estate in Sheung Shui.

4.In respect of Charges 2 and 3, you were jointly charged with the 1st defendant, whom I have already dealt with two weeks ago on 2 March 2012.

5.The modus for the offences was that the police officer who was undercover at the time would telephone you or the 1st defendant and he would be asked if he wanted to buy “Ice”. Then, arrangements would be made to meet him and the drugs would be sold.

6.On the 4th charge, you were charged solely and it was only you who sold drugs to the undercover officer.

7.The drugs involved was ice. The total amount in the three charges was 1.26 grammes.  They were 0.23 grammes in Charge 2, 0.48 grammes in Charge 3, and 0.55 grammes in Charge 4.

8.Mr Karbhari has made full mitigation on your behalf.

9.I have taken everything he has had to say in mitigation when considering what is the most appropriate sentence to be passed upon you.

10.You are 17 years of age and of clear record.

11.Prior to sentencing you, I have called for a full range of reports, which include Detention Centre, Training Centre and Rehabilitation Centre reports.

12.As the medical officer was of the opinion that you are a drug dependent, you were not considered suitable for a Detention, Rehabilitation or Training Centre.  In view of your drug dependency, you are considered suitable for admission to the Drug Addiction Treatment Centre and there is a place available for you there.

13.Mr Karbhari has urged me, despite the seriousness of the offence of trafficking, to sentence you to the Drug Addiction Treatment Centre.

14.In respect of these offences, it is clear and plain that you were lured into these offences as a result of your association with the 1st defendant.

15.On the date of the last charge, the 4th charge, you had sold drugs to the undercover officer.  After the purchase by the officer, other police officers were waiting in ambush and arrested you.

16.Under caution, you said it was the defendant and his brother who had instructed you to sell the “Ice”.

17.You then took the officers to the residence of the 1st defendant.

18.Under caution, you said that in respect of the 2nd charge, you received $70 as a reward; in respect of the 3rd charge, $50; and you were going to receive a reward of $70 in respect of the 4th charge.

19.Clearly, Mr Karbhari has submitted that this was a very small nominal amount of money that you received for such a serious offence.

20.In view of your young age and ignorance, you were blind to the problems and associated with these bad peers.

21.Clearly, your background shows that after going to secondary school in 2007, you lacked motivation to study and performed poorly in exams.  You then started to mingle with drugs, and “Ice” particularly, in mid-2010. Once you began mingling with “Ice” you then became addicted to it.

22.Unfortunately, as a result of your mother having to work to earn a living as your father has lost contact with the family since he left the family, she has not been able to supervise you strictly in recent years.

23.Since your remand in custody, I think you now realise the seriousness of the offence.  You have shown great remorse towards your misdeeds.  You have realised that getting easy money is likely to get you into trouble.

24.There is never a way to make quick, fast money without there being some sort of illegality in it.  Legal hard work is what provides you with a proper living.  If you do not, it is likely that you will be spending much of your adult life behind bars.

25.You had indicated in the report that in respect of your future, you would continue your studies upon discharge.

26.I hope this is sincere, more so that you do not want to disappoint your mother and, more importantly, for yourself.

27.In respect of your case, defendant, you had admitted the offence at the very first opportunity and you had also given two non-prejudicial statements to the prosecution in order to assist, if need be, in the trial of the 1st defendant. That is additional mitigation on your part.

28.Now, if you were an adult, I would have started off with a sentence of 36 months on Charge 2 and 39 months on Charges 3 and 4.

29.Giving you credit for your pleas of guilty in respect of those offences, they would have been reduced to 24 and 26 months respectively.

30.In addition, I would have given you a further discount of approximately 3 months for indicating and assisting the prosecution, which would have reduced the sentence to a total of 23 months’ imprisonment.

31.As you are a youngster under 18, the law lays out that unless there is no other appropriate sentence of imprisonment, then youngsters should preferably not be sentenced to imprisonment.

32.Given the total sentence of imprisonment which I would have imposed and the likely term that you will serve in a Drug Addiction Treatment Centre, I am of the view that it would be more appropriate for you to serve your any sentence at the Drug Addiction Treatment Centre for your rehabilitation, given your very young age and being a first offender who has assisted the police.

33.So in those circumstances, defendant, you are sentenced to the Drug Addiction Treatment Centre for all charges, and the conviction shall be recorded for all three charges.