HKSAR v. Yim Yau Yiu

DCCC 522/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 522 OF 2015

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REASONS FOR SENTENCE

1.Yim Yau Yiu you have pleaded guilty to one charge of trafficking in 5.94 grammes of a crystalline solid containing 5.77 grammes of methamphetamine hydrochloride (“ice”), contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2.In summary around 1:20 in the morning of the 3 May this year the police intercepted you outside the Hing Man Commercial Centre in Chai Wan.  Upon search the police found a transparent re-sealable plastic bag containing the ice inside your underwear. Under caution you told the police that for monetary gain you were helping someone to bring the bag to the 7-11 convenience store in the shopping centre. You were found in possession of two mobile phones and later when your home was searched 156 unused re-sealable bags were found in your bedroom.

3.In passing sentence I have carefully considered everything said on your behalf by Mr Lo together with your mitigation letter.  You have been a drug addict since 1982 and although you have attempted to rid yourself of your habit you have not been successful.  Sadly this has led to your wife leaving you and your children placed in the care of a foster family.  

4.Mr Lo says that because of your drug habit you committed the present offence so that you could make quick money.  This is consistent with what you told the police on arrest that you were delivering the plastic bag for reward.  Although in a subsequent video interview you told the police that you did not know the plastic bag contained drugs by your plea today you clearly accept that you did.  You have also confirmed in court that you knew the plastic bag contained drugs.

5.In HKSAR v Tam Yi Chun [2014] 3 HKLRD 691 the Court of Appeal revised the guidelines for trafficking in ice.  Where the quantity of narcotic is up to 10 grammes sentence upon conviction after trial is between 3 and 7 years imprisonment. 

6.Although you have a long criminal record I note you were last before the court in 2006 and that you have no convictions for trafficking in a dangerous drug.  In the circumstances I am satisfied the proper starting point after trial for 5.77 grammes of ice is 5 years imprisonment.  Giving you full credit for your plea of guilty you are convicted and sentenced to 3 years and 4 months imprisonment.