HKSAR v. Chan Chuen Fuk

DCCC598/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 598 OF 2010

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a single charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134 of the Laws of Hong Kong, the particulars being that you, on 2 April of this year, outside No. 181 Castle Peak Road, Cheung Sha Wan, unlawfully trafficked in 20.07 grammes of a mixture containing 14.75 grammes of heroin hydrochloride.

2.You were stopped and searched at this location by Special Duty Squad officers who found, from your right front trouser pocket, 102 red packets containing the drugs.  You told the police later on that you helped someone to deliver the drugs for a reward of $300.

3.You have a poor criminal record, which includes three previous convictions for drug trafficking, the last of which was in 2000 when you were sentenced to 12 years' imprisonment.  I am told that on your release from prison in 2008 you were unable to secure proper employment.  You met someone who you had known whilst in prison and agreed to commit this offence for a reward of $300.

4.Your counsel is right.  The sentencing guidelines for trafficking in between 10 to 50 grammes of heroin indicate a starting point of between 5 to 8 years' imprisonment.  I adopt as my starting point a sentence of 5½ years' imprisonment.  As you have pleaded guilty to this offence I will decrease that starting point by one-third, coming to 3 years and 8 months’ imprisonment.