HKSAR v. So Wai Shing

DCCC 639/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 639 OF 2015

-----------------------------------

-----------------------------------

----------------------------

Reasons for Sentence

----------------------------

1.The Defendant pleads guilty to trafficking in a dangerous drug.

2.In the morning on 8 June 2015, he was spotted acting furtively outside one of the blocks of Lung Hang Estate, Shatin, New Territories.  The police stopped him for a search.  In the pocket of his shorts was found a piece of newspaper wrapping a transparent resealable plastic bag containing a total of 5.01 grammes of a mixture containing 2.66 grammes of heroin hydrochloride. 

3.After arrest and caution, he said that he had received $500 for delivering the dangerous drug.  In the subsequent video-recorded interview, he said that it was the first time he delivered dangerous drugs. 

4.He is aged 55, of F. 3 education level.  He has a number of previous records, one of which is for drug trafficking where he was sentenced to DATC in 1992.  He has some previous records for possession of dangerous drugs.  He lives with his wheelchair-bound mother.  They rely on public assistance.  He has separated from his second wife.  He committed the present offence to pay debts. 

5.The Court of Appeal in R v Lau Tak-ming [1990] 2 HKC 370 has suggested 2 – 5 years as the starting point for trafficking in heroin of up to 10 g.  Here I take a starting point of 3 years.  I reduce it to 2 years for his plea of guilty.  There are no other mitigating factors.