HKSAR v. Lau Man Hong

DCCC 234/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 234 OF 2013

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Reasons for Sentence

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1.The defendant has pleaded guilty to a charge of trafficking in 16.99 grammes of cocaine.

2.The facts of the case are that on 12 December 2012, police officers conducted an anti-dangerous drug operation in the area of Carpenter Road, Kowloon City in Kowloon, Hong Kong.

3.At 0042 hours, PW1, one of the police officers, saw the defendant and another male wandering at the junction of Carpenter Road and Lung Kong Road. They were looking around and behaving suspiciously.  The officers intercepted them and the defendant was searched.  When he was searched, a plastic bag containing the drugs, the subject of the charge, were found in the right front pocket of his trousers, and he was arrested.

4.In the subsequent video-recorded interview, under caution and in the presence of the legal representative, the defendant admitted that he did not have the habit of consuming dangerous drugs.  He was found also in connection with an amount of cash but explained that that was because of a legal case in which he had been involved. 

5.And the officers later visited the residence of the defendant and found no equipment there for consuming dangerous drugs. 

6.The police estimated the street value of the drugs is $24,966.

7.The defendant has a number of matters recorded on his record, and there are in fact seven separate offences, but they were dealt with on three occasions.  He appeared before the court in 2007 and 2008 when he was placed on probation.  In 2010, for a variety of offences, he was sent to the rehabilitation centre.  I should add that none of the offences related to drug offences. 

8.In mitigation, I am told that the defendant is now aged 21 although at the time of the offence he was only 19 years of age. He comes from a broken family; his parents have been divorced when he was aged 4.  He lives with his father and occasionally with his mother and younger sister.

9.For a number of years the defendant has suffered from hyperactivity and medical documents have been submitted to the court relating to his condition.  He has been treated by a clinical psychologist.  He was prescribed medication for that condition, and I am told that the hyperactivity and the medication affected his school performance and that he left school after Form 5. 

10.He worked with his father in a business operated by his father, but unfortunately his father has suffered from a heart condition which is required medical treatment, and there was a loss of business because of that factor. 

11.And I am told that notwithstanding his psychological condition, he was an active member of social activities at school joining the Rotary Club and the scouts, and a number of documents have been submitted to the court bearing witness to that.

12.As regards the offence itself, I am told that the defendant was merely acting as a delivery boy and his reward for delivering the drugs was only $500.  Counsel has emphasised that this was an isolated offence and he acted out of greed.

13.Notwithstanding the number of times he has been before the court, his parents are still very supportive.  Letters have been submitted to the court which bear out the fact that they are very concerned and worried about the defendant.

14.And he has written a letter to the court where he says he is now genuinely remorseful and concerned about the anxiety which he has occasioned to his parents by the commission of this offence. 

15.As counsel has rightly said, the usual sentence for trafficking in this quantity of drugs is 5 to 8 years’ imprisonment.

16.The only real mitigation in this case is the fact that the defendant has pleaded guilty.

17.However, having borne in mind all the circumstances outlined by counsel, I have decided to adopt a starting point at the lowest end of this sentencing bracket.  So I take a starting point for this offence of 5 years’ imprisonment and reduce that by one-third to reflect the defendant’s guilty plea.  The defendant will therefore go to prison for 40 months; 3 years and 4 months.