HKSAR v. Yue Ying Tung

DCCC 1107/2017

[2018] HKDC 487

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1107 OF 2017

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Reasons for Sentence

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Charge and facts

1.The Defendant pleads guilty to a charge of drug trafficking.  In late morning on 29/9/2017 he was observed to have acted furtively on the pavement of Sai Yee Street, Mongkok.  The police stopped him for a search.  A white paper bag was found in his right rear trouser pocket.  Inside the paper bag there were 45 packets of substance (later confirmed by the Government Chemist to be 12.74 grammes of a mixture containing 10.29 grammes of heroin hydrochloride. 

2.Upon enquiry under caution he said that he purchased the substances from a man called "Ah Keung" at Yee Kuk Street that morning and he was prepared to consume some of them and re-sell the rest.  He was arrested for trafficking in dangerous drugs.  Under caution he said that he would re-sell the substances if there was leftover but he was arrested before he could re-sell them. 

3.In a subsequent cautioned video-recorded interview he said that he was a casual decoration worker who earned around HK$14,000 a month and he spent around HK$4,000 a month on drugs to feed his addiction.

4.The estimated street value was HK$10,880 in total.

Mitigation

5.He is now 43 years of age, of F. 3 education level.  He is single.  He had 6 records for possession of dangerous drugs between 1996 and 2017.  He was released from prison only yesterday for the last one of them, which resulted in 8 months.  He had 1 record for trafficking in dangerous drugs in 2000. 

Sentencing considerations

6.For heroin trafficking of up to 10 grammes the suggested sentence is 2 – 5 years in the absence of aggravating factors (Queen v Lau Tak-ming [1990] 2 HKLR 370).   

7.In HKSAR v Chow Chun Sang [2012] 2 HKLRD 1121, the Court of Appeal approves a discount of between 10 – 25% from the basic starting point as warranted by the circumstances of the case, where part of the drugs seized were for own consumption. 

Sentencing the Defendant

8.I have considered a starting point of 5 years but I take a lower starting point for the fact of partial own consumption.  From the actual starting point of 4 years 3 months is reduced one-third for his timely plea of guilty.  The sentence shall be 34 months.  I understand that his last case of possession of dangerous drugs could have been sentenced together with the present one.  He could then have received a partially overlapping sentence.  However, as the last case is of a different factual basis as the present one, I can only allow a slight reduction, to the extent of 2 months.  The eventual sentence is 32 months.