HKSAR v. Leung Chi Wai, Anthony

DCCC186/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 186 OF 2010

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Reasons for Sentence

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1.The defendant has pleaded guilty to one charge of trafficking in a dangerous drug, namely 16.84 grammes of a mixture containing 9.04 grammes of heroin hydrochloride.

2.The facts are that on 1 January, in the morning, at about 8.23 am, the defendant was seen by police officers on an anti-dangerous drugs operation pushing a wheelchair with a woman in the wheelchair.  Then they noticed the defendant stopping by a rubbish bin and picking up a white paper cup from the ground and put it inside his jacket left front chest pocket.

3.Then he pushed the wheelchair away and entered a subway, and he was followed.  Eventually, he was stopped.

4.Upon a search, the white paper cup was found inside his jacket pocket.  Inside the cup there was a total of 95 pellets of heroin wrapped in red plastic sheets.  There was also a piece of paper inside a transparent plastic bag with the name “Fat Girl 95” written on it. 

5.The defendant was arrested.  The defendant then claimed that the heroin was for his own consumption.  He claimed that he would pay the person who supplied his drugs later.

6.The drugs were subsequently examined and the street value of this quantity of drugs was HK$16,500.

7.The defendant is aged 32, has eight previous convictions though none to do with dangerous drugs.  His last offence was in March this year, when he was convicted of an offence of possession of Part 1 poison when he was given a 3 month sentence.

8.The defendant was unemployed at the time of his arrest.  He was on CSSA. 

9.The defendant had been sent to DATC in the past.  In fact, in 1999 and in the year 2000.

10.In mitigation, Miss Fung says that the defendant suffered from depression since 2007 because his grandmother passed away, and thus became unemployed and was on CSSA.  He, therefore, in his depression turned to drugs, but he could not afford it, so he was helping a person called “Ah Shui” to distribute the drugs and he can, as a reward, keep three straws for his own consumption.

11.The only mitigating factor I see for the defendant is the fact that he has pleaded guilty, thus showing he is remorseful, and he did plead guilty at the earliest opportunity.

12.Trafficking in a dangerous drug, particularly heroin, is a very serious offence.  The Court of Appeal had laid down guidelines for sentencing in the case of Lau Tak Ming in 1990.  The guidelines is that for trafficking up to 10 grammes of heroin, merits a sentence after trial of 2 to 5 years.

13.In this case, the defendant was found trafficking in 9.04 grammes, and that would merit a starting point sentence of 4½ to 5 years.

14.I take into account that the defendant was going to be given part of these drugs for his own consumption, so I will take the lower of this starting point, and that is a starting point of 4½ years.

15.Giving the defendant the full one-third discount, he therefore goes to prison for 3 years.