HKSAR v. Ng Cheuk Hung

DCCC 418/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 418 OF 2015

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REASONS FOR SENTENCE

D2 pleaded guilty to a charge of "Trafficking in a dangerous drug" (Charge 2). The dangerous drug involved is heroin.

Summary of Facts

2.About 10:55 am on 6 March 2015, PC 9302 and PC 8756 (PW2) stopped D2 and another male outside Ground Floor, Block 23, Shek Kip Mei Estate for enquiry.

3.Upon search, D2 was found holding in his right hand 2 resealable plastic bags which contained a total of 27 pellets (later found to contain a total of 7.70 grammes of a mixture containing 4.90 grammes of heroin hydrochloride).  D2 passed the 2 resealable bags to PW2 and stated that he was helping others to sell.  PW2 thus arrested D2.

4.Under caution, D2 stated that he was only helping others to sell "white powder" for monetary rewards.  In his video-recorded interview, D2 confessed how he was approached by someone at a playground to sell "white powder" for that person.  He has also described from where he collected the "white powder" pellets; at what prices they were to be sold; and how much he would receive as his reward.  D2 claimed that he has been a drug addict since the age of 25.

Mitigation & Sentence

5.D2 is 53 and has 8 conviction records, which include 1 drug-related offence (dated 1999).  Defence counsel Mr. CHEUNG informed me that D2 is divorced; his ex-wife and daughter (aged 7) reside in the mainland.  They would ask him for maintenance from time to time.  D2 has been relying on social welfare in the past few years. 

6.In mitigation, Mr. CHEUNG submitted that this is the 1^st time D2 selling drugs.  He did so because he was under financial pressure; he had just given money to his ex-wife a few days before the offence.  D2 had also consumed drugs that morning, which affected his judgement.

7.A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment even for fresh offenders.

The Court of Appeal has laid down clear sentencing guidelines for trafficking in heroin (see The Queen v LAU Tak-ming & others [1990] 2 HKLR 370). For up to 10 grammes, the sentence ranges from 2 to 5 years' imprisonment.

8.D2 trafficked in 4.90 grammes of heroin.  For that quantity, the appropriate starting point is 3.5 years' imprisonment.  A one-third discount is given for the guilty plea, reducing the sentence to 28 months.   Apart from this, I see no other mitigating factors which warrant any further discount.  I sentence D2 to 28 months' imprisonment.