HKSAR v. Wan Wai Lun

DCCC 1135/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1135 OF 2016

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REASONS FOR SENTENCE

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1.This is a case of stop and search leading to the finding of drugs.

2.The defendant admitted to trafficking in 29.80 grammes of a mixture containing 22.72 grammes of heroin hydrochloride.

3.In the afternoon of 12 September 2016, police officers found the defendant acting furtively while riding a bicycle in Nam Cheong Street, Sham Shui Po, and therefore stopped him for questioning. 

4.Upon a body search, the officers found the drugs in question hidden underneath the defendant’s underpants, which were put in 112 small packets of different colours inside four plastic bags. 

5.In a subsequent interview with the police, the defendant said, among other things, that he was hired by a man called Ah Wing to deliver the drugs to another man called Ah Man for a reward of HK$800 a day.  

6.The street value of the drugs is estimated to be slightly over HK$23,000. 

7.The defendant, aged 39, has amassed 10 convictions over the past 14 years.  Two of them are drug-related for which he was sent to DATC.  It is true to say trafficking is his first offence. 

8.The defendant married in 2001 in China and now divorced, has a 16-year-old daughter.  He is a recipient of social assistance.

9.Counsel said the defendant had promised his family members that he would turn over a new leaf because he is full of remorse now.  And all his family members are in court to show moral support for him.

10.A number of letters from the defendant, his family members including his daughter, have been submitted to the court.  In the letters they all pleaded leniency on his behalf. 

11.There are sentencing guidelines for this type of offence.  For trafficking in an amount between 10 grammes to 50 grammes, a term of 5 to 8 years is to be considered. 

12.Having heard the mitigation put forward, I see no reason to depart from the guidelines as set down by the higher court.  For the amount of drugs the defendant admitted trafficking, I take 80 months as a starting point.

13.As far as mitigation is concerned, apart from his guilty plea, there isn’t anything of substance that would justify a further reduction in sentence.  I reduce the starting point to 53 months to reflect his plea and there being nothing to reduce the sentence any further, the defendant is therefore sentenced to a term of 53 months’ imprisonment.