HKSAR v. Yau Ka Ming

DCCC442/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 442 OF 2009

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Reasons for Sentence

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1.I am sorry there are no mitigating circumstances in your case. I am bound by the guidelines passed down by the Court of Appeal cases. The fact that the drugs, the purity of the contents is low, this factor is offset by the whole, the total quantity of the drugs. It is the weight of the content which determine the offence. If the same amount of a content, if two offenders, two separate offenders on two occasion possess the same amount of content, the one with the larger amount of mixture would attract a higher sentence, this is only common sense, so I cannot agree with your counsel that this is a mitigating factor. For example, if you had 10 grammes of heroin diluted to 100 grammes, another person think 10 grammes but diluted to 200 grammes of a mixture, if the quantity of mixture would make a difference, the one with the larger mixture should attract a heavier sentence. But anyway, this is not what the Court of Appeal has said. Now the sentencing emphasises on the content of the drugs on you, not on the weight of a mixture.

2.The usual range of sentence is one of 4 to 6 years for any person carrying drugs of 10 to 50 grammes for the type of drugs you were carrying. Your mode of trafficking is not clear, I can only regard the mode of trafficking is the usual run-of-the-mill case and for this reason I can be as lenient as possible. I do not think I should have any regard to your previous conviction.

3.I pass a sentence of 4 years' imprisonment which is the lowest in the range.

Application by the defendant to treat abandonment as a nullity granted by Court of Appeal but application for leave to appeal against conviction dismissed by Court of Appeal. Please refer to CACC322/2009 dated 14 October 2010