HKSAR v. Lo Shing Lok

HCCC 372/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 372 OF 2014

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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: Defendant, Mr Lo, you have been found guilty by the jury of trafficking in 1.22 kilogrammes of a powder containing one kilogramme of cocaine.

Sentencing for trafficking in cocaine is aligned to the guidelines for trafficking in heroin contained in the case of R v Lau Tak Ming& Ors [1990] 2 HKLR 370, as modified in HKSAR v Abdallah Anwar Abbas [2009] 2 HKC 197. And for the bracket of 600 to 1,200 grammes of heroin, which is applicable to cocaine in this case, the appropriate sentence is 20 to 23 years of imprisonment.

Based on a mathematical calculation, the appropriate sentence according to the guidelines for trafficking in 1,000 grammes, that is one kilogramme, of cocaine, should be 22 years of imprisonment.

Your counsel has urged me to pass a more lenient sentence on you. But for this kind of serious offence, age does not matter and you are not qualified to be described as in your extreme youth. You were 20 years of age when you committed the offence.

The only possible ground for a slight reduction of sentence is that mentioned by your counsel on your behalf which is your clear record. But that does not give me a lot of leeway in such a reduction.

In the end, I consider that a sentence of 21½ years would be appropriate, and therefore I sentence you to 21½ years of imprisonment.