HKSAR v. Chung Leung Ping

DCCC 114/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 114 OF 2016

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Reasons for Sentence

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1.The defendant has pleaded guilty today to one count of trafficking in a dangerous drug. He unlawfully trafficked 13.29 grammes of a mixture containing 9.73 grammes of heroin hydrochloride. The estimated street value of that quantity of heroin is $9,928.

2.The facts of this case are very straightforward.

3.On 8 December 2015, police officers on patrol around Shek Kip Mei Estate saw the defendant acting suspiciously.  At about 9.20 am they stopped the defendant and ultimately they searched the defendant.  In his right front trouser pocket, they found two transparent resealable plastic bags wrapped in a piece of tissue.  In those two plastic bags were a total of 50 packets of heroin.

4.The defendant was arrested and cautioned and admitted under caution that he was helping somebody deliver the drugs for two packets of heroin as a reward.

5.The defendant’s best mitigation is his plea of guilty.

6.He is not a man with a clear record.  He has 28 criminal convictions obtained in 21 court appearances.  There are many of those convictions that are drug related.  I concern myself with the two similar convictions of trafficking dangerous drugs that he was convicted for in 2009 and 2011.  Both those trafficking convictions were dealt with in the Magistracy.

7.Defendant is clearly a drug addict and has been for a very long time.  His first drug conviction dates back to 1976.  He has been sentenced to a Drug Addiction Treatment Centre order on three occasions, but to no avail.

8.The defendant is now 60 years old.  He is married but his wife resides in Mainland China.  They have no children or dependents.  The defendant was working as a cleaner until ill health meant he had to retire.  He has been a recipient of CSSA since 2014.

9.I have been told that his health issues involve liver problems and TB and, just looking at the defendant, he is clearly not in good health.

10.There is a guideline for sentencing those that traffic heroin and I have taken into account the authority of R v Lau Tak Ming [1990] 2 HKLR 370.  The Court of Appeal is of the view that where between 0 to 10 grammes of heroin is trafficked, a starting point of between 2 to 5 years’ imprisonment would be appropriate.

11.Here, the heroin involved is 9.73 grammes. Mathematically speaking, a 5-year starting point would be appropriate.

12.Defence counsel has produced a Court of Appeal case and a Magistracy appeal where both cases deal with trafficking heroin. However, in both those cases, the heroin involved is of a very small quantity, under 1 gramme.  The sentencing imposed in those cases do not assist me here.

13.Defence counsel has said all that he can on behalf of the defendant.

14.Defendant, please stand up.

15.I take into account your plea today, the background I have heard, and I also take into account your age and health issues.

16.Having considered the sentencing guidelines I must follow, balanced with the mitigation I have heard, I will take a starting point for this quantity of heroin of 4 years’ imprisonment.

17.You pleaded guilty.  You are entitled to a discount of one-third.

18.After that discount is applied, the sentence will be one of 2 years and 8 months’ imprisonment.

COURT: Do you understand that sentence?

DEFENDANT: Yes, I understand.