HKSAR v. Wong Pui Kwan

DCCC 523/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 523 OF 2016

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Reasons for Sentence

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Charge and facts

1.The defendant pleads guilty to trafficking in a dangerous drug.  At about 7:40 am on 23 February 2016, the police stopped and searched her outside Sham Shui Po Methadone Clinic at No. 137 Yee Kuk Street, Sham Shui Po.  She carried in her sling-bag 40 packets of heroin (ie 6.01 grammes of a mixture containing 4.44 grammes of heroin hydrochloride).  She had $3,455.60 cash and 3 mobile phones. 

2.After arrest and caution, she said the heroin was for her own consumption.  In a video-recorded interview, she added that:

(1) It was bought at Jade Market on Tung Chau Street, Sham Shui Po at about 7 am on the date of arrest;

(2) She had spent $4,000 to buy it in bulk as she was not feeling well and wanted to rest more at home;

(3) She went to the methadone clinic to find a friend for chatting;

(4) She had been a heroin addict for 30 years;

(5) She would consume the heroin once per day;

(6) She was unemployed and received CSSA of $5,200 per month.

3.The estimated street value of the heroin is $3,138.

Personal background and mitigation

4.She is 58 years of age, of F. 1 education level.  She was unemployed at the time of arrest.  She is single. She had 2 convictions for trafficking, ie in 1999 and 2009 respectively.  She was released from prison in April 2010 for the last-mentioned.  In other words, she was not proved to have committed such offence for the past 5 years or more.  I accept that such records should not be counted as an aggravating factor in her sentence. 

5.Mr. Ng informs me that she spent $150 on heroin each day.  That would leave her only $700 for other spending out of her CSSA of $5,200 each month.  One-tenth of the heroin seized was meant to be for own consumption.  The methadone clinic would open at 7 am each day.  The present offence took place at 7:40 a.m.  I am concerned about the temptation for her to sell some of her heroin to the drug addicts about the methadone clinic.  Mr. Ng has no submissions to make on this aspect.  

Sentencing guidelines

6.The Court of Appeal in R v. Lau Tak-ming [1990]2 HKC 370 has considered 2 – 5 years as the appropriate starting point for trafficking in heroin of below 10 g. 

Sentencing this defendant

7.Her spending on heroin had put her in a precarious financial position.  She possessed 40 packets of heroin when present outside the methadone clinic.  The ease and the temptation to sell were immense.  I take a starting point of 3 years.  One-third off for her guilty plea, the sentence is 2 years.  There are no other mitigating factors.