HKSAR v. Lo Chun Tung

DCCC 491/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 491OF 2012

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Reasons for Sentence

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Charge and facts

1.In the evening, whilst leaving a residential unit in Sham Shui Po, the defendant was intercepted by the police.  In a drawer underneath a sofa inside the unit were found the following items:

(1) 150 plastic bags containing a solid 41.75 grammes containing 37.89 grammes in cocaine;

(2) 1 electronic scale;

(3) 224 empty plastic bags.

2.After arrest and caution, he admitted that the cocaine belonged to him. The police estimated its street value as over $21,000. 

Personal background and mitigation

3.The defendant is 36 years of age.  His background report suffers a dearth of information from him.  He had been a delivery worker for several years in the past.  He has 2 convictions for drug but none of trafficking.  Whilst at large, after bail, for 2 years and 7 months, a stroke on 6 March 2012 had exposed him to arrest and reduced him to a left hemiplegic.  Now a tripod has to aid his walk.       

Sentencing guidelines

4.Traffickers shall face 5 – 8 years’ imprisonment for 10 – 50 grammes of cocaine (Attorney General v Rojas[1994] 1 HKC 342; R v Lau Tak Ming [1990] 2 HKLR 370). 

Sentencing this defendant

5.I do not regard his absconding from bail or his current physical condition to have any bearing on the sentence today.  He has no other mitigating factors but his plea of guilty.  A starting point of 6 ½ years reduced by one-third ends up in 4 years and 4 months.