HKSAR v. Fung Shing on
Read the full judgment text of DCCC 949/2016 on BabelCite. This District Court judgment.
1. The Defendant pleads guilty to trafficking in a dangerous drug. At about 4:10 pm on 22 July 2016, the police stopped the Defendant for investigation when he was cycling on the road in Fanling. A search yielded 20 pellets of substance from his underpants and, at his direction, 14 pellets of substance from the handle bar of his bicycle. The 34 pellets were later found to be 7.71 grammes of a mixture containing 5.71 grammes of heroin hydrochloride.
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DCCC 949/2016 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO. 949 OF 2016 -----------------------------------
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---------------------------- Reasons for Sentence ---------------------------- Charge and facts 1.The Defendant pleads guilty to trafficking in a dangerous drug. At about 4:10 pm on 22 July 2016, the police stopped the Defendant for investigation when he was cycling on the road in Fanling. A search yielded 20 pellets of substance from his underpants and, at his direction, 14 pellets of substance from the handle bar of his bicycle. The 34 pellets were later found to be 7.71 grammes of a mixture containing 5.71 grammes of heroin hydrochloride. 2.Under caution, he said he had bought the 34 pellets of No. 4 heroin at a park in the morning at $120 per pellet, $4,080 in total. He also said he would consume heroin 4 times a day, 2 pellets each time. 3.After being arrested for possession of a dangerous drug and cautioned, he said the drugs were for his own consumption. 4.In the subsequent interview under caution, he supplemented that he had consumed one pellet before arrest, that he worked as a construction site worker earning $600 per day, and that the drugs would last him a week. 5.The police estimated that the drug had a street value of $5,266. 6.The prosecution and the defence agree that 6 pellets can be regarded as the portion for his own consumption in the present proceedings. Personal background and mitigation 7.The Defendant is 38 years of age, of F. 1 education level. He had 4 convictions for trafficking in dangerous drugs, dates of sentence between February 2012 and October 2015. 8.The sentencing guidelines in R v. Lau Tak-ming [1990]2 HKC 370 are applicable so that traffickers of below 10 grammes will face a starting point of 2 – 5 years. 9.Mr. Lee refers me to the case of HKSAR v YAN Siu Kwong DCCC 794/2016 where the defendant in possession of 5.01 grammes of heroin in 24 packets for the purpose of trafficking was placed at 3 years 6 months in the Lau Tak-ming scale. A reduction of 6 months from the basic starting point was given for the small portion for his own consumption, which was apparent on the facts. This was in line with the observations of the Court of Appeal in HKSAR v Chow Chun-sang that a 10% to 25% off may be given in appropriate circumstances. 10.Mr. Lee does not dispute that his repeat offending in trafficking shall be an aggravating factor in his sentence. A higher sentence is needed for more deterrence. Sentencing this Defendant 11.I place him at 3 years 6 months in the Lau Tak-ming scale. I add 6 months for his repeat offending. From this basic starting point of 4 years, I reduce it by 6 months for the part of drug for his own consumption. The starting point is 3 years 6 months. One-third off for his guilty plea, the sentence is 2 years 4 months. There are no other mitigating factors.
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