HKSAR v. Lee Ling Kei

HCCC 108/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 108 OF 2014

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: Now, defendant, you may sit down and listen to the reasons for sentence carefully.

The defendant pleaded to one count of trafficking in a dangerous drug. There were 62.93 grammes of cocaine involved.

At about 11.40 pm on 11 September 2013, the defendant was intercepted by police officers near Exit B at the concourse of Jordan MTR station. He was carrying a bag on his shoulder. Upon search a shoe box containing five plastic bags of cocaine were found inside the bag. The defendant refused to answer any question under caution. According to the police, the street value of the cocaine was about $101,000.

The defendant is 27 years old. He has four previous convictions, all are drug offences. He was sentenced to 4 years and 8 months’ imprisonment for trafficking in a dangerous drug in December 2009. He received education up to form 5. He claimed to be a construction site worker in the past earning about $15,000 per month. He was an addict at the time of the offence. He lived with his father at Tin Shui Wai. His mother suffered from diabetes and heart disease. The defendant wrote to this court showing remorse and promised to quit addiction.

According to HKSAR and Lau Tak Ming ([1990] 2 HKLR 370), for trafficking in 62.93 grammes of cocaine, the starting point should be 8 years and 4 months’ imprisonment.

I deduct 2 years and 9 months for his plea. There being no other mitigating factor, I sentence the defendant to 5 years and 7 months’ imprisonment.