HKSAR v. Ng Tak Shing

DCCC 621/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 621 OF 2009

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Before:  Her Honour Judge M. Yuen in Court

Date:    23 October 2009

Offence: Trafficking in a dangerous drug (販運危險藥物)

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Reasons for Sentence

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1.The defendant trafficked in 6.36 grammes of heroin hydrochloride.

2.The defendant was found to have 53 pellets of heroin inside his trousers’ pocket when police intercepted him for search at a playground in Cheung Sha Wan of Kowloon.  In court the defendant admitted possessing the drugs for trafficking. Government chemist subsequently confirmed the 53 pellets contained a mixture weighing 9.87 grammes which contained 6.36 grammes of heroin hydrochloride.

3.The defendant is 53 years of age. He is married and resided with his wife and a 19 year-old son. He is a recidivist who has 32 previous conviction records. His first record was for the offence of possession of offensive weapon which was recorded in the year of 1971 when the defendant was only 15 years of age. Apart from the conviction for robbery and manslaughter, the defendant has numerous drug related offences. He had 6 previous of trafficking in dangerous drugs or possession of dangerous drugs for the purpose of trafficking. He was last convicted of trafficking in dangerous drugs in the High Court in 1998 for which he received a term of 7 ½ years imprisonment. He was discharged from the prison on 12 May 2003.

4.It was said in his mitigation that the defendant worked as delivery worker until November 2008 when he sustained a waist injury. The defendant ceased working since. He engaged in the present drug trafficking act on account of his financial constraint. It does appear the defendant has made an effort to turn over a new leaf since 2003. Unfortunately he relapsed back into his old trade.

5.Financial constraint is not an excuse for engaging in crime, bearing in mind the evil brought upon society by drug trafficking activities. A persistent offender ought to receive a more stringent term (Mok Cho Tik CACC-165/2000). For the quantity of drugs the defendant had in his possession for trafficking, in accordance with the sentence tariff in Lau Tak Ming [1990] 2 HKLR 370, the appropriate sentence should roughly be a term of 4 years imprisonment after trial.

6.The strongest mitigating factor for the defendant is his plea of guilty indicating his remorse. Giving him credit for his plea, I accord him 1/3 discount and sentence him to a term of 2 years and 8 months imprisonment.