HKSAR v. Yiu Sau Ping

DCCC 27/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 27 OF 2017

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Reasons for Sentence

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1.The Defendant pleads guilty to trafficking in dangerous drugs (1^st Charge).

2.In the morning on 1/10/2016, the police intercepted him for enquiries at Mody Road, Tsim Sha Tsui.  He moved something into his mouth, which he later spat out to reveal a plastic bag containing 2 plastic bags containing 0.09 gramme of a solid containing cocaine and ketamine. 

3.In his pocket were 2 transparent resealable plastic bags containing cocaine (namely 11.19 grammes of a solid containing 9.8 grammes of cocaine), an electronic scale, and 66 resealable plastic bags, among other items.       

4.The estimated street value of all the drugs was $14,082.

5.He is 29 years of age, a cook before arrest.  He has a previous record for drug trafficking, sentenced in 2009 and 6 others for simple possession of dangerous drugs, sentenced before and after that. 

6.He is divorced with a daughter.  His parents will take care of her when he goes to prison. 

7.In R v Lau Tak-ming [1990] 2 HKLR, the Court of Appeal set out the tariff sentences for trafficking in heroin.  A trafficker of up to 10 grammes shall face 2 – 5 years’ imprisonment.  In Attorney General v Rojas [1994] 1 HKC 342, Silke VP observed that the psychotropic harm of cocaine was closely linked to that of heroin, so traffickers of either drug would receive the same sentence.   

8.I take a starting point of 4 years 9 months for the 1^st Charge. One-third off for his timely plea of guilty, his sentence is 3 years and 2 months.