HKSAR v. Yau Man Yin

HCCC 21/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 21 OF 2017

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT:

The defendant has pleaded guilty to one count of trafficking in a dangerous drug, namely 55.80 grammes of a mixture containing 44.60 grammes of heroin hydrochloride and 2.90 grammes of a solid containing 2.74 grammes of cocaine, and has been committed to this court for sentence.

On 9 July last year, the defendant was intercepted in Nathan Road, carrying a handbag, inside of which was found the heroin hydrochloride. A search of the defendant’s right trousers pocket produced a plastic bag containing 14 plastic bags containing the amount of cocaine in the charge. Also found on the defendant was HK$14,511.

Upon being arrested and cautioned, the defendant claimed that due to financial problems, he agreed to traffic in the dangerous drug for a reward of $1,000. He claimed that the money on him was his salary and his own savings.

The estimated retail value of the drugs seized, the heroin hydrochloride and the seized cocaine, was in the region of $47,703.

The defendant is aged 21 and has a clear record. I am informed that he had left school and had worked as a kitchen worker, but unfortunately, he left that kitchen work a few months later and became unemployed.

The defendant, through Mr Fu, said that he will use the time in prison to complete his secondary school studies. I certainly hope so for the sake of his parents and hopefully, with the education, the defendant will obtain his diploma and he could also learn a skill whilst he is in prison to prepare him for life outside. It is obvious his parents care for him and love him, despite the fact that he has committed this very serious offence, and so the defendant should return the love of his mother who is sitting in court today.

I have considered the Court of Appeal guidelines for sentencing for heroin and cocaine. As Mr Fu correctly pointed out, the Court of Appeal has said that when two different types of drugs are found, then the total number should be added up together and treated as one kind of drug. I am prepared to therefore add the amount of heroin and cocaine together, giving us 47.34 grammes, and I will sentence according to the guidelines for heroin in Lau Tak Ming given in 1990.

The starting point for 10 to 50 grammes of heroin trafficking would merit a starting point sentence of 5 to 8 years’ imprisonment. I am prepared to take a starting point of 7½ years’ imprisonment and reduced it by the full one-third for the defendant’s plea and clear record.

So the defendant is sentenced to 5 years’ imprisonment.