HKSAR v. Ruan Mengfu

DCCC 968/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 968 OF 2013

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Reasons for Sentence

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1.Defendant has pleaded guilty today to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. The drugs in question involved 9.73 grammes of a solid containing 8.99 grammes of cocaine.

2.The facts of the case are very straightforward. At about 4.10 in the morning of 26 May this year, police officers were conducting an anti-narcotics operation at a bar on the 19th floor of 107-109 Chatham Road South while it was empty at the time.  When the defendant entered the bar, the police officers intercepted him.  He told the police that he was the person in charge.  He was searched and the police found in his right front pocket 45 resealable transparent plastic bags containing cocaine.

3.Upon arrest, the defendant denied trafficking and claimed that the drugs were for his own consumption.  A search of the bar and a house search found no other suspicious items or paraphernalia.

4.The agreed approximate retail value of this amount of cocaine was $13,680.

5.In mitigation, I have heard the defendant is 18 years old, has a clear record in Hong Kong.  He is single and lives at home with his parents and an elder brother. 

6.Today in court, his parents and his girlfriend have come to support the defendant.  I have heard that he came to Hong Kong in 2010.

7.He was employed as a casual worker earning a daily wage of $400.  He is in good health and he is not a drug addict, but at the moment he is recovering from an accident that occurred in August where he broke both his legs.  I have an attendance certificate dated October from the orthopaedic and trauma clinic which remarks that he is recovering from fractures and will have difficulty in walking in the coming months.  The defendant is on crutches today.

8.The defendant’s best mitigation is his plea of guilty.  Obviously, that and his previous clear record and young age will be taken into consideration.  However, the quantity of cocaine is not insignificant, and a term of imprisonment is inevitable.

9.I have considered the relevant authority that applies to trafficking cocaine.  That is R v Lau Tak Ming & Others [1992] HKLR 370.  In that authority, it clearly sets out that where between 0 to 10 grammes of this dangerous drug -- a dangerous drug is trafficked, that will attract a 2 to 5-year term of imprisonment.  This authority dealt with heroin but the Court of Appeal have said that the same guideline applies to cocaine.

10.After taking into account the defendant’s mitigating factors, I will repeat the most relevant mitigating factors are his plea, previous clear record and young age.  I have also considered his background and the family situation.

11.After considering all of these factors, I will take a starting point of 4 years’ imprisonment.  Because of the defendant’s plea today, he is entitled to a discount of one‑third.  After that discount, the defendant is sentenced to 2 years and 8 months for this offence.  Do you understand that sentence?

DEFENDANT: Understood.