HKSAR v. Chan Sai Pui

DCCC986/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 986 OF 2010

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Reasons for Sentence

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1.The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is heroin.

2.About 12:30 pm on 19 July 2010, PC 839 (PW1) stopped the defendant outside No.219B, Yee Kuk Street in Sham Shui Po for enquiry. Upon search, PW1 found in the defendant's right front trouser pocket 1 plastic bag which contained 50 packets of suspected dangerous drug; and 1 plastic bag containing suspected dangerous drugs (collectively "E1").

3.Under caution, the defendant admitted that E1 contained "white powder". He was helping someone to deliver E1 from the junction of Nam Cheong Street and Yee Kuk Street to the junction of Yen Chow Street and Yee Kuk Street for a reward of $500.

4.A Government Chemist subsequently confirmed that E1 contained a total of 21.87 grammes of a mixture containing 15.56 grammes of heroin hydrochloride.

5.The defendant is now 52 and has 30 conviction records, 4 of which are drug trafficking. His criminal records date back as early as 1972 when he was only 14. Thereafter, he has at least a few convictions in each decade. His last conviction was in August 2005 and he was sentenced to 56 months for drug trafficking.

6.Mr. FUNG submitted that after the defendant was released from prison in July 2008, he worked as a part-time cleaner. At present, the defendant receives social welfare in the sum of $3,000 per month. Since the amount was not enough to maintain a living, the defendant committed the present offence.

7.In my view, the defendant clearly falls within the "repeated offender" category. A higher than normal starting point is required to add a deterrent element in his sentence. The sentencing tariff for trafficking in heroin is laid down in The Queen v LAU Tak-ming & others [1990] 2 HKLR 370. For 10 to 50 grammes, the sentence ranges from 5 to 8 years imprisonment.

8.A total of 15.56 grammes of heroin are involved in the present case. The usual starting point for such quantity should be 5 years; however, in order to achieve a deterring effect, I adopt a starting point of 5.5 years. One-third discount is given for the guilty plea, reducing the sentence to 44 months. Apart from this, I see no other mitigating factors which warrant any further discount. The sentence I pass is 3 years and 8 months imprisonment.