HKSAR v. Chan Yik Ping

DCCC96/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.96 OF 2011

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Reasons for Sentence

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The defendant was charged for trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous drugs Ordinance, Cap.134.

The defendant pleaded guilty and admitted the facts, he is convicted accordingly.

Facts

On 6 December 2010, upon a stop and search, the defendant was found in possession of 95 packets of plastic wrappings; on 8 December, during remand at Lai Chi Kok the defendant was put into an Isolated Room and in between 9 to 11 December, the defendant excreted out of his body a total of 26 plastic wrappings. All of the 121 plastic wrappings contained 23.06 grammes of a mixture containing 14.32 grammes of heroin hydrochloride.

The estimated street value of the drug seized is approximately $17,317.

I refer to the tariff in Lau Tak-ming [1990] HKLR 370, and consider the appropriate starting point to be 5.5 years.

Mitigation

The defendant aged 33, single and lives with his parents. He was employed by a hair salon at time of his arrest.

I noted the defendant has 9 previous convictions of which 5 related to drugs, he was last discharged from prison on 26 June 2010 for trafficking in dangerous drugs and other offence. Trafficking in dangerous drugs is a serious offence; it should be within the defendant’s contemplation that it called for lengthy imprisonment.

The defendant entitled to 1/3 discount for his plea, I do not consider there to be any mitigating factor that called for further deduction.

Order

The defendant is sentenced to 44 months imprisonment