HKSAR v. Lei Man Ho
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HCCC 221/2014 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CRIMINAL CASE NO 221 OF 2014 -----------------
--------------------------------- COURT: The defendant pleaded guilty to one charge of trafficking in a dangerous drug contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. He was seen carrying a brown paper bag and opening a door to a flat with a key by police officers laying ambush. When police tried to intercept him, he fled and was arrested after a struggle. The brown paper bag seized from him contained two plastic bags containing a total of 10 packets of drugs. Under caution the defendant said that he only brought the things out from someone. Upon analysis the drugs were found to be 167.54 grammes of a solid containing 157.10 grammes of cocaine. The market value of the drugs was in the region of HK$243,000. The defendant, now aged 31, has three previous convictions, the last of which back in 2008 is drug-related. He was sentenced to 4 months’ imprisonment, suspended for 3 years and fined $3,000. By way of mitigation, I am told that the defendant is now recently divorced with the custody of his five year old son awarded to the wife. Counsel told me that since his last conviction, he had treasured the chance afforded to him by the court, but unfortunately the affair of his ex-wife and her complaints that he was earning too little triggered him to succumb to the temptation of earning quick money and thus committing the present offence. It is said that he had learned a bitter lesson from this incident and had reflected deeply. He hoped to be able to undergo a course while in custody to enable him to become a licensed electrician and become a useful citizen upon his discharge and hopefully regain custody of his son. Counsel entered a plea of ad misericordiam, asking this court to tamper justice with mercy. In sentencing the defendant, I have considered his guilty plea, mitigation forwarded and the existing tariff for trafficking. I have also perused litigation letters submitted. According to the guideline laid down in the case of Lau Tak Ming, trafficking in cocaine between 50 to 200 grammes, a starting point of 8 to 12 years is to be adopted. For the present case involving 157.10 grammes of cocaine, I adopt a starting point of 10 years and 9 months’ imprisonment. The greatest mitigation in this case, as in most drug-related cases, is his guilty plea. I shall give him the full one-third discount for his plea. He is sentenced to 7 years and 2 months. | ||||||||||||||||||||||