HKSAR v. Ching Chin Pang

DCCC 609/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 609 OF 2014

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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 47.87 g of a solid containing 15.75 g of cocaine. 

2.In the late evening on 5 May 2014, the police spotted him acting furtively in Hoi Shing Garden, Hoi Shing Road, Tsuen Wan, N.T.  He was touching his trouser pockets and making phone calls intermittently.  Upon interception by the police, in his trouser pockets were found 2 cigarette boxes each containing a bag of cocaine, ie the drug as particularized in the charge.  Upon arrest and caution, he remained silent.  In the subsequent video-recorded interview, he remained silent as to the offence but stated that he was unemployed and not a drug addict. 

3.The police estimated the street value of the drug to be about $56,200. 

Mitigation

4.He is now 18 years of age, of F. 3 education level.  His father has deserted the family.  His mother has remarried a Mainlander.  His girlfriend is 6 months into pregnancy.  He last worked as a kitchen worker for 2 years before arrest.  He had a superintendent’s caution for indecent assault.     

Sentencing guidelines

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

Sentencing this defendant

6.I take a starting point of 5 years.  One-third off for his plea of guilty, his sentence is 3 years and 4 months.  He has no other mitigating factors.  This is his sentence.