HKSAR v. Lau Tak Pui

DCCC 779/2017
[2018] HKDC 3

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 779 OF 2017

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REASONS FOR SENTENCE

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1.The defendant was charged with one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

2.The defendant was convicted on the charge upon his own plea of guilty and admission of the facts.

The facts

3.On 20 June 2017 at around 10:42 am, the defendant was seen acting furtively cycling along Nam Cheong Street, he was intercepted by Police and found in possession of:

(1) A transparent re-sealable plastic bag containing 10 pellets in green wrappers containing total of 4.96 gm of mixture containing 3.78 gm of heroin hydrochloride;

(2) A transparent re-sealable plastic bag containing 20 pellets in blue wrappers containing total of 3.44 gm of mixture containing 2.59 gm of heroin hydrochloride.

4.Under caution, the defendant admitted he was trafficking the dangerous drug for an unidentified man for 3 packets from the blue wrappers as his reward.

5.The estimated market value of the drug being $6,082.

Mitigation

6.The defendant aged 59, a divorcee, a hard core drug addict, unemployed since 2013, receiving $4,220 monthly CSSA at the material time.  He is sufferring from high blood pressure and is on regular medication. 

7.The defendant has 18 previous conviction records, including 21 counts, 10 related to dangerous drugs, 2 of which was trafficking dangerous drug in 2003 and 2004, his last conviction was in 2007 of which he was sentenced to 12 months for possession of dangerous drug.  He was offered 3 pack of heroin to deliver the heroin when he purchased heroin for himself, and he committed the present offence out of momentary of greed.

8.The defendant indicated his plea at the earliest opportunity and urged the court for leniency.

Sentence

9.Heroin is a hard drug; I refer to the tariff in the case Lau Tak Ming [1990] 2 HKLR 370 for trafficking heroin: up to 10 grammes 2 to 5 years’ imprisonment. 

10.Taking into account of the facts, the mitigation and the packing and the quantity of the drugs, I consider the appropriate starting point for the charge to be 4 years’ imprisonment.

11.The defendant pleaded guilty and I allow him one third discount for his plea.  I do not consider there to be any mitigating factors that called for further deduction.

Order

12.The defendant is sentenced to 32 months’ imprisonment.