HKSAR v. Leung Shuk Han

DCCC281/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 281 OF 2010

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Reasons for Sentence

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1.The defendant pleaded guilty to 1 charge of "Trafficking in dangerous drugs". The dangerous drugs involved are mainly heroin and a negligible quantity of midazolam.

Summary of Facts

2.In the evening on 4 January 2010, police officers saw the defendant open the door of Room 816, Ying Hong House, Choi Ying Estate, Ngau Tau Kok and walk out from the flat. She was immediately intercepted. Police officers entered the flat to search the premises.

3.The following items were found in the living room : an electronic scale, a spoon, a fork, a lighter, a pile of empty plastic bags, some adhesive tapes, 2 plastic bottles, a notebook, 21 packets of suspected dangerous drugs (collectively "P1"), a packet of suspected dangerous drugs ("P2") and 6 tablets of suspected dangerous drugs (collectively "P3"). A sum of $3,000 cash was also found on the defendant.

4.The defendant was arrested for "drug trafficking". Under caution, she said "Ah Sir, for the white powder, some of it is for my own consumption, some of it is for selling to others. You have already found all of it. Give me a chance."

5.Later on, in her video interview, the defendant admitted under caution that P1 to P3 belonged to her. They contained dangerous drugs. She purchased them at $3,800 on 2 January 2010. The wrapped granules were to be sold to others at $150 each. She would consume the remaining quantity. The notebook recorded the names of her customers and how much they owed her. She used the electronic scale to weigh and the empty plastic bags to pack the white powder.

6.The Government Chemist examined P1 to P3 and confirmed the following :

(i)  P1 contained 1 plastic bag containing 21 packets (consisting of plastic and paper wrappings) which contained a total of 3.79 grammes of a powder containing 2.58 grammes of heroin hydrochloride;

(ii)  P2 contained 1 plastic bag which contained a total of 3.39 grammes of a powder containing 2.07 grammes of heroin hydrochloride; and

(iii)  P3 contained 2 foil packs which contained a total of 6 tablets containing 0.08 gramme of midazolam.

7.The defendant admitted possessing P1 to P3 for the purpose of unlawful trafficking.

Mitigation & Sentence

8.The defendant is now 47 years old and is single. She has 4 previous convictions, all of which are related to dangerous drugs. Her last conviction took place in April 2006, which is also "drug trafficking". She was sentenced to 8 months imprisonment.

9.Defence lawyer Mr. CHEUNG described the defendant having lived a miserable life. Her parents separated when she was very young. She began her drug habit at the age of 19. Prior to this case, she took up casual jobs as waitress and cleaner. She suffers from depression and relies on welfare. Mr. CHEUNG has said pretty much all he could on behalf of the defendant. He also submitted a letter written by the defendant, the contents of which are noted.

10.A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment. The sentencing tariff for trafficking in heroin is laid down in The Queen v LAU Tak-ming & others [1990] 2 HKLR 370. For up to 10 grammes, the sentence ranges from 2 to 5 years imprisonment.

11.A total of 4.65 grammes of heroin are involved in this case. The quantity of midazolam, on the other hand, is negligible. I will ignore it for the purpose of sentencing. Normally, for 4.65 grammes of heroin, the appropriate starting point would be 3 years. But this is the defendant's 2^nd conviction of "drug trafficking", I will, therefore, adopt a slightly higher starting point of 3.5 years (42 months) to add an element of deterrence. One-third discount is given for the guilty plea, reducing the sentence to 2 years and 4 months. Apart from this, I see no other mitigating factors which warrant any further discount. The sentence I pass is 2 years and 4 months (28 months).