A A
DCCC 409/2016
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 409 OF 2016
C C
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D D
HKSAR
E v E
Cheng King-ho
F F
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G G
Before: HH Judge C P Pang
Date: 18 July 2016
H Present: Ms Ranee Khubchandani, PP of the Department of H
Justice, for HKSAR
Mr Sky Cheng, instructed by Wong & Co, for the
I defendant I
Offence: (1) Trafficking in a dangerous drug (販運危險藥物)
J (2) Possession of offensive weapons (管有攻擊性武器) J
(3) Possession of ammunition without a licence
(無牌管有彈藥)
K K
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L L
Reasons for Sentence
M --------------------- M
N N
1. The defendant pleads guilty to Charge 1, trafficking
in dangerous drug, and Charge 2, possession of offensive weapon
O O
under the Summary Offences Ordinance. Charge 3 that he is also
P facing is on the application of the prosecution left on the P
court file not to be proceeded with without the leave of the
Q court. Q
R R
2. On 15 February 2016, at around 6.35 pm, police
officers executed a search warrant at defendant’s residence in
S S
Tai Po. Upon search, on a coffee table in the living room were
T found 24 plastic bags containing a total of 4.79 grammes of a T
solid containing 3.52 grammes of cocaine.
U U
CRT24/18.7.2016/SC 1 DCCC 409/2016/Sentence
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A A
3. There were also packaging paraphernalia, including
eight plastic bags containing a total of 786 small plastic bags,
B B
an electronic scale, a small box containing 28 small plastic
C bags and HK$10,230 cash on the coffee table. Two beef knives C
wrapped with newspaper were found on two locations in the
D suspended ceiling of the living room. And two other sums of D
cash were also found, namely, RMB700 by the side of the TV in
E E
the living room and HK$20,000 hidden in a closet of the bedroom.
There were two notebooks with various markings.
F F
G 4. The defendant was arrested. Under caution, in a G
video-recorded interview, the defendant stated that the drugs
H seized were cocaine for his own consumption. He bought H
30 packets for HK$8,000 the day before and had consumed a few
I I
bags. The beef knives were for his own protection as he feared
that he might be haunted by loan sharks. The defendant admitted
J J
that the notebooks were his and he had written some scribbles on
K
them although he declined to explain its contents. K
L 5. He claimed that cash of around $10,230 was borrowed L
from a friend as his girlfriend was three months pregnant at the
M time. The remaining HK$20,000 was his girlfriend’s while the M
sum of RMB700 belonged to him.
N N
6. According to the information of the intelligence
O O
division of the Narcotics Bureau, the average retail price of
P cocaine in February 2016 was around $1,000 per gramme. The P
approximate retail price of the cocaine seized from the
Q defendant was HK$5,140. Q
R R
7. The defendant is aged 20. He has three previous
convictions, including one for trafficking in dangerous drug for
S S
which he was sentenced to DATC on 27 April this year. I am told
T that he is still receiving his treatment there. T
U U
CRT24/18.7.2016/SC 2 DCCC 409/2016/Sentence
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A A
8. In mitigation, Mr Cheng, counsel for the defendant,
tells the court that the defendant, though single, is living
B B
with his girlfriend who is now pregnant, expecting birth of the
C child in September this year. If he is sentenced to gaol, he C
will not be able to see the birth of his child. He asks for a
D lenient sentence. D
E E
9. Mr Cheng cites three cases in his list of authorities:
R v Lau Tak Ming1 and R v Rojas2 are sentencing guidelines for
F F
trafficking of cocaine. HKSAR v Cheng Chi Wah 3 was an appeal
G relating to the possession of an aluminium pipe in a street G
prosecuted under the Summary Offences Ordinance. I do not think
H the third case is of assistance to this court as the case H
involved an aluminium pipe and was uncontested because the
I I
appellant abandoned his appeal.
J J
10. Submitting there was no evidence that the defendant
K
would use the knives in a public place, Mr Cheng asks the court K
to pass concurrent sentences for the two offences as they were
L disclosed in the same incident. Mr Cheng clarifies, upon query L
by this court, that the defendant is not relying on own
M consumption of the dangerous drug in this case as his M
mitigation.
N N
11. While the defendant is under 21 years of age,
O O
section 109A of the Criminal Procedure Ordinance does not apply
P as trafficking in dangerous drug is an excepted offence. P
Indeed, youth factor pales into insignificance because of the
Q serious nature of the offence. The only option of sentence in Q
this case is imprisonment.
R R
12. Trafficking in dangerous drugs is a very serious
S S
offence. The Court of Appeal has laid down guidelines in the
T two cases cited by Mr Cheng. The narcotic of the dangerous drug T
in this case is 3.52 grammes of cocaine. I take 2 and a half
U U
CRT24/18.7.2016/SC 3 DCCC 409/2016/Sentence
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A A
years’ imprisonment as the starting point of the sentence in
Charge 1.
B B
C 13. On Charge 2, each of the two knives has a sharpened C
blade of the length of about 46 cm. They are very dangerous
D weapons and might be lethal. I note that they were not D
possessed in a public place. I take 6 months’ imprisonment as
E E
the starting point.
F F
14. I am afraid that the defendant being unable to see the
G birth of his son cannot be a mitigating factor for this type of G
serious offence. There was no effective mitigating factor in
H this case except the defendant’s plea of guilty for which he H
will be given one-third reduction of sentence.
I I
15. I cannot agree with Mr Cheng that the sentences in the
J J
two charges should be ordered to run wholly concurrently. The
K
two offences have different criminalities. However, I will take K
into account of the principle of totality and order partly
L concurrent sentences. L
M 16. On Charge 1, the defendant is sentenced to 20 months’ M
imprisonment whereas on Charge 2, 4 months’ imprisonment,
N N
2 months of which shall run concurrently with the sentence of
Charge 1. The total term of sentence is therefore 22 months’
O O
imprisonment.
P P
17. By operation of law under section 6A of the Drug
Q Addiction Treatment Centres Ordinance, the detention centre for Q
DATC that the defendant is now serving shall cease to have
R R
effect.
S S
T T
U (C.P. Pang) U
District Judge
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