HKSAR v. Poon Pak Mun

DCCC 632/2019

[2019] HKDC 1553

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 632 OF 2019

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Reasons for Sentence

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1.The Defendant (“D”) pleads guilty to a charge of trafficking in a dangerous drug.

2.On 15 May 2019, at around 8:46 pm, the police saw D acting suspiciously near the junction of Berwick Street and Nam Cheong Street, Shek Kip Mei.  The police intercepted D and found one ball of tissue in D’s underpants, containing:

(a) One plastic bag containing 20 packets (consisting of plastic wrappings) containing a total of 3.55 g of a mixture containing 3.06 g of heroin hydrochloride; and

(b) One plastic bag containing 10 packets (consisting of plastic wrappings) containing a total of 4.93 g of a mixture containing 4.13 g of heroin hydrochloride;

(c) The total quantity of heroin hydrochloride was 7.19 grammes.

3.The drug’s estimated street value is $7,895.

4.D also had with him $3,168.80 and a mobile phone.

5.The police arrested D.  Under caution, D admitted that he transported the heroin for others as he was out of job.

6.D later gave a video-recorded interview to the police.  Under caution, D said a man in the park had come up to him and offered him $500 as reward for picking up and transporting the heroin.

7.D possessed all the drug found by the police for the purpose of trafficking.

8.D committed this case while on police bail for a “Possession of a dangerous drug” case (WKCC 2732/2019) involving one syringe containing 0.01 g of a solid containing midazolam and heroin.

9.D is 46 years of age.  He had drug possession records in 2019 but no trafficking records.  He was unemployed at the time of arrest.  His children live with his ex-wife.

10.The Court of Appeal in R v Lau Tak-ming [1990]2 HKC 370 has indicated 2 – 5 years as the appropriate starting point for trafficking in heroin of up to 10 grammes. 

11.I take 3 years 9 months as the starting point.  After a one-third discount for the plea of guilty, the sentence is 2 years 6 months. 

12.I am aware that D’s sentence ought to be enhanced because he committed the present offence whilst on bail for a drug possession charge in another case.  I would have imposed an extra 3 months but for the totality consideration that his present sentence of 2 years 6 months is already sufficient.  In short, his sentence shall remain to be 2 years 6 months.