HKSAR v. Yan Yuk Shing

DCCC 957/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 957 OF 2015

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Reasons for Sentence

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1.The defendant pleads guilty to one charge of trafficking in a dangerous drug.

2.At about 10 am on 25 August 2015, near the junction of Tung Chau Street and Nam Cheong Street, Sham Shui Po, a police officer saw the defendant putting a plastic bag into a temporary shelter, which was a street sleeper’s temporary bed.  The officer held on the defendant’s hand which was holding the plastic bag.  Upon a search of the bag, a total of 68 pellets of heroin were found. 

3.The defendant was arrested and cautioned.  Two mobile phones and HK$9,729.5 of cash were found on the defendant.  Under caution, the defendant claimed that he purchased the heroin from an unknown male at Tung Chau Street Park, and he would share the heroin with a female “Ah Wan”. 

4.The 68 pellets of heroin contained a total of 10.6 grams of a mixture containing 8.29 grams of heroin hydrochloride.  The street value is estimated to be around HK$8,600.

5.The defendant has 14 previous convictions, four of which were possession of a dangerous drug.  He has no record for trafficking in a dangerous drug. 

6.In mitigation, the defendant’s solicitor, Miss Liu has prepared a written submission for mitigation.  The defendant is a 49 year old divorced man living on public assistance in the sum of about $2,700 a month.  He also works on a casual basis, earning about $3,000 to $4,000 a month. He is now living alone, keeping little contact with his ex-wife and daughter.

7.In early August 2015, the defendant received a one-off additional welfare payment.  He therefore used the money to buy the heroin in question in bulk in order to get a cheaper price.  He paid $9,500 for the heroin in question.  Having bought the drug in question, he intended to check the quantity and was therefore caught. 

8.It is said that part of the drug was for the defendant’s own consumption, some would be shared with his friends for free, while the remainder would be sold out at the price of $160 per pellet, making a profit of $20 per pellet.  Out of the 68 pellets of heroin, about one quarter to one-third would be for his own consumption. 

9.Trafficking in a dangerous drug is a serious crime.  The Court of Appeal has laid down sentencing guideline for the trafficking of heroin in R v Lau Tak Ming.  The sentencing band for trafficking of heroin up to 10 grammes is 2 to 5 years’ imprisonment. 

10.Having considered the fact that the defendant has no previous record for trafficking in dangerous drug, I accept the request of Miss Liu to take 4 years’ imprisonment as the initial starting point for trafficking of 8.29 grammes of heroin in the case.  

11.Not challenged by the prosecution, I would also accept the mitigation that about one quarter to one third of the drug was for the defendant’s own consumption, the remaining being shared with friends and sold for profit.  

12.Having considered the principle in relation to the reduction of sentence for own consumption in HKSAR v Chow Chun Sang, I would reduce the starting point by 6 months to 42 months’ imprisonment.

13.The defendant is entitled to a one-third discount for his plea of guilty.  There are no other effective mitigating factors. 

14.In the result, the defendant is sentenced to 28 months’ imprisonment.