HKSAR v. Ngan Fun Tak

DCCC 830/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 830 OF 2013

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Reasons for Sentence

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Charge and facts

1.The defendant pleads guilty to trafficking in dangerous drugs, ie 47.75 g of a solid containing 32.41 g of cocaine and 0.81 g of cannabis in herbal form.  In the late evening on 1 July 2013, the police intercepted him for a search on Carnarvon Road, Tsim Sha Tsui.  He was carrying a bag which contained the drugs in question.  There were 4 bags of cocaine, a bag of cannabis and a handrolled cigarette with cannabis.  After arrest and caution he admitted possession of both drugs. 

2.The estimated street values of the cocaine and the cannabis were $46,031 and $81 respectively. 

Personal background and mitigation

3.He is now 41 years of age.  He had a string of convictions, mostly for possession of dangerous drugs.  He had a trafficking conviction each in 2000 and 2007.  He had been a transportation worker before being unemployed.  I am told in mitigation that he was promised a reward of $500 for carrying the cocaine and that the cannabis for his own consumption.  I do not regard him a recidivist trafficker.   

Sentencing guidelines

4.In Attorney General v. Rojas [1994] 1 HKC 342, a case of trafficking in cocaine, Silke VP observed that the psychotropic harm of cocaine was closely linked to that of heroin.  It would have the same sentence as R v. Lau Tak-ming [1990] 2 HKLR, which set out the tariff sentences for trafficking in heroin.  A trafficker of 10 – 50 g of cocaine shall face 5 – 8 years’ imprisonment. 

Sentencing this defendant

5.The quantity of cannabis is so minute to be of any significance in the sentence.  There are no aggravating factors.  He has no mitigating factors other than his plea of guilty.  I take a starting point of 6 ½ years.  One-third off, his sentence is 4 years and 4 months.