HKSAR v. Cheung Nang Fu

DCCC 55/2018

[2018] HKDC 1215

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 55 OF 2018

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REASONS FOR SENTENCE

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1.This is a case of stop and search in the street by police leading to the discovery of drugs.

2.The defendant pleaded guilty to one count of trafficking and one count of possession. He admitted to trafficking in 7.44 grams of a mixture containing 5.8 grams of heroin hydrochloride and 4 tablets containing 0.05 grams of midazolam and having 2 tablets containing 8 milligrams of methadone in his possession.

3.In the afternoon of 19 October 2017, the defendant was seen getting something from a man who drove to the bus stop near Chun Hing San Chuen, Yuen Long, which aroused the suspicion on the part of a group of off-duty police officers who happened to be passing in the vicinity and therefore kept watch the defendant.

4.Later, when the defendant cycled away, the officers stopped the defendant for a search and found the drugs on him together with cash of $2,004. The heroin, which was put in 52 individual small plastic bags in some larger plastic bags, was seized from different parts of his body. The tablets of Midazolam were seized along with the heroin. At the scene, the defendant told the officers that he purchased the drugs for sale.

5.Back to the police station, upon a further search, the officers found two tablets of Methadone in the defendant’s wallet and the defendant said those were for his own consumption.

6.The street value of the heroin is estimated to be about $5,500.

7.The defendant, aged 43, a divorcee, has 16 prior convictions, 7 of them are drug-related; trafficking, however, is his first offence. His last conviction is possession of drugs in 2013 for which he was fined $1,000.

8.In mitigation, the court heard that the defendant has been a drug addict since the age of 15, and the reason for trafficking is to finance his drug habit. Ever since he has been taken into custody last October, counsel said, the defendant has time to reflect on what he did and is determined this time to quit the vice habit.

9.In his letter to the court, a priest, who had paid him numerous visits in the prison before, tells the court that he notices some signs of the defendant mending his ways. 

10.There are sentencing guidelines for trafficking in heroin; trafficking up to 10 grams, a term between 2 and 5 years is to be considered. In the instant case, the amount the defendant admitted to trafficking is 5.8 grams, I take 44 months as the starting point, and reduce it by one-third to 29 months to reflect his plea.

11.Insofar as Midazolam is concerned, given its minute quantity, I’ll ignore it for the purpose of sentencing on this occasion.

12.For the possession of Methadone, I take 3 weeks as the starting point, reduce it to 2 weeks for his plea and order it to run concurrently with the term for trafficking. The total term is one of 29 months’ imprisonment.