由此
A A
B DCCC 367/2023 B
[2024] HKDC 393
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E
CRIMINAL CASE NO. 367 OF 2023 E
F F
____________
G G
HKSAR
H v H
LAU Wing-wa
I I
____________
J J
K Before : H.H. Judge G. Lam K
Date : 7 March 2024
L Present : Ms. Catherine Xiao, PP, of the Department of L
Justice, for HKSAR.
M Ms. Tracy Lam of M/s Wong & Co., for the M
defendant.
N
Offence : Trafficking in a dangerous drug（販運危險藥物） N
O O
REASONS FOR SENTENCE
P P
Q Q
The defendant pleaded guilty to a charge of "Trafficking in a
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dangerous drug". The dangerous drug involved is cocaine.
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A A
Summary of Facts
B B
C 2. About 2:23 a.m. on 16 November 2022, police officers saw the C
D defendant entering the 7-Eleven store situated at Shop A, Ground Floor, D
E
Nos.8-10 Hankow Road ("the Store"). E
F F
3. About 2:38 a.m. on the same day, police officers searched the
G G
defendant outside the Store, but nothing illegal was found. They then
H H
searched the Store and found 2 plastic bags wrapped in tissue hidden behind
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some bottled drinks placed on a rack next to the pillar of the Store. The 2
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plastic bags respectively contained: (i) 50 plastic bags which contained a
K K
total of 8.74 grammes of a solid containing 8.01 grammes of cocaine
L (collectively E1); and (ii) 50 plastic bags which contained a total of 8.83 L
M grammes of a solid containing 8.08 grammes of cocaine (collectively E2). M
N N
4. CCTV footage of the Store captured the defendant taking out
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E1 and E2 from his left sleeve and placing them behind the bottled drinks.
P P
Q Q
5. The defendant now admits that he had unlawfully trafficked in
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a dangerous drug, namely E1 and E2.
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A A
Mitigation & Sentence
B B
C 6. The defendant is 19 and single. He has 3 conviction records, C
D which included 1 "simple possession" offence. He was sentenced to a Drug D
E
Addiction Treatment Centre for a "Criminal damage" offence; and 3 weeks' E
imprisonment for "simple possession". Defence solicitor Ms. Lam informed
F F
me that the defendant was a casual delivery worker. He resides with his
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mother and elder brother.
H H
I I
7. In mitigation, Ms. Lam submitted that the defendant's mother
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is not in good health. She needs to attend medical appointments regularly.
K K
Owing to the bad influence of undesirable friends, the defendant committed
L the present offence in order to earn some quick money. He has learned his L
M lesson and is determined to reform himself. A bundle of mitigation letters M
N was placed before me; their contents are duly noted. N
O O
8. Drug abuse has been a long-term problem in our society. A
P P
clear message must be conveyed to the general public that "drug trafficking"
Q Q
is a serious crime (be it in the capacity of a seller, courier or storekeeper) and
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that drug traffickers (even fresh young offenders) would most certainly be
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punished by long-term imprisonment.
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A A
9. Although the defendant is under 21, by virtue of section
B B
109A(1A) of the Criminal Procedure Ordinance (Cap.221), I need not
C C
obtain any pre-sentencing report. I accept that as a general principle,
D D
rehabilitation (rather than punishment) plays an important role in reforming
E E
young offenders. On the other hand, as a judge, I see day in and day out
F F
persons in my court being charged with "drug trafficking". Many of them
G were just like the defendant – persons in their late teens or early 20s who got G
H involved with dangerous drugs for various reasons. The court must make it H
I clear that young age is hardly a mitigating factor in drug trafficking cases. I
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10. When young people realize that the court would not treat
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young drug traffickers lightly, there would be, hopefully, fewer willing
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teenagers; thus making it difficult for criminals to exploit our youngsters.
M M
Unless the quantity of dangerous drugs involved is minor or exceptional
N N
circumstances exist, a wrong message would be sent to young people if they
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could avoid imprisonment owing to their age. Undoubtedly, most of them
P P
are "used" by bad persons (or so they claim). That is the reason why we
Q need to make young people think twice before they agree to be "used". Q
R R
S
11. The Court of Appeal has laid down clear sentencing guidelines S
for trafficking in cocaine (see Attorney General v Pedro Nel Rojas [1994] 2
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由此
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A A
HKCLR 69 and The Queen v Lau Tak-ming & others [1990] 2 HKLR 370).
B B
For 10 to 50 grammes, the range is 5 to 8 years' imprisonment.
C C
D D
12. In the present case, the defendant trafficked in 16.09 grammes
E E
of cocaine. Applying a strict arithmetical approach, the starting point
F F
should be 65 months' imprisonment. For ease of calculation, I adopt 63
G months as the starting point. With the timely guilty plea, the sentence G
H becomes 42 months. Apart from this, I see no other mitigating factors H
I which warrant any further reduction. I sentence the defendant to 42 months' I
J
imprisonment. J
K K
L L
(G. Lam)
M M
District Judge
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