HKSAR v. Ho Lok Tung

DCCC 225/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 225 OF 2013

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REASONS FOR SENTENCE

The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is cocaine.

Summary of Facts

2.On 22 January 2013, the defendant was stopped and searched by the Police at the Podium, 1/F, Tsui Ping North Shopping Circuit, Kwun Tong.  In the defendant's left front trouser pocket, 2 transparent resealable plastic bags and 1 foil packet were found.  They contained 170 small resealable plastic bags which contained a total of 46.54 grammes of a solid containing 33.52 grammes of cocaine.

3.Under caution, the defendant admitted possession of the "coke", and that she was paid to keep the "coke" in her home. 

4.In her video-recorded interview, the defendant admitted that "coke" means cocaine.  She was instructed by a friend named Apple to pick up the 2 transparent plastic bags and the foil pack from a fire hose reel compartment located near the 20^th Floor, Tsui On House, Tsui Ping Estate, and to take them home for safe-keeping in return for a reward of $1,000.

Mitigation & Sentence

5.The defendant is now 17, single and resides with her family in a public housing unit.  She has a clear record.  She quitted school in 2001 after completing F.2.  Thereafter, she took up various jobs such as sushi trainee and shoe salesperson, earning about $7,000 to $8,000 per month.  I was told that when the defendant was in employment, she gave $500 to her grandmother each month.

6.Defence lawyer Mr. WONG submitted that the defendant committed the present offence because she wanted to earn some extra money for her own spending.  She now realizes that the price she has to pay for her foolish act is unproportional to the little sum which she could earn.  Mitigation letters were placed before me; their contents are duly noted.  Mr. WONG also informed me that the defendant started to use ketamine and ICE in June 2012 until her arrest.

7.Although the defendant is under 21, by virtue of section 109A(1A) of the Criminal Procedure Ordinance (Cap.221), I need not obtain any pre-sentencing report.  Besides, the quantity of cocaine involved in this case is far too serious to consider other sentencing options except an immediate prison term.  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment.

8.The Court of Appeal has laid down clear sentencing guidelines for trafficking in cocaine (see Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69 and The Queen v LAU Tak-ming & others [1990] 2 HKLR 370).  For 10 to 50 grammes, the sentence ranges from 5 to 8 years' imprisonment. 

9.The defendant trafficked in 33.52 grammes of cocaine; the appropriate starting point is 6.5 years.  A one-third discount is given for the guilty plea, reducing the sentence to 52 months.  In view of the defendant's young age and clear record, I am prepared to grant her a further reduction of 4 months.  Apart from this, I see no other mitigating factors which warrant any further discount.  Hence, the sentence I impose is 4 years' imprisonment.