HKSAR v. Lo Yau Cheung, Degger

DCCC 1181/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1181 OF 2010

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Reasons for Sentence

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Charges and facts

1.The Defendant pleads guilty to trafficking in dangerous drugs as stated in the 2 charges.  On the evening of 13 August 2010, he was found walking back and forth outside Ground Floor, Fu Wing House, Tai Wo Hau Estate, Kwai Chung, N.T.  The police searched him and found 150 packets containing a total of 24.27 grammes of a mixture containing 18.05 grammes of heroin hydrochloride.  He had $892 with him.   The police searched his home in Fu Wing House and found 55 packets containing a total of 8.86 grammes of a mixture containing 6.86 grammes of heroin hydrochloride. 

2.The total number of packets was 205.  The narcotic weight was 24.91 grammes.

3.After arrest and caution, he admitted the drugs belonged to him.  He bought them from an unknown person the previous day at $19,000.  The money was from his horse racing winnings.  He had already consumed 5 packets. 

Personal background and mitigation put forward

4.He is now 43 years of age.  He is of F2 level.  He has divorced and has an 11-year-old son.  His son has been residing in Po Leung Kuk since 2006 when he was sentenced to DATC.  He committed the present offences under financial stress.  His counsel submits that he might consume 0.8 gramme per day but sometimes he would try not to consume any.  Of the 205 packets seized, he might consume about ten odd packets.  The rest would be for trafficking.   

Sentencing principles

5.In The Queen v Lau Tak Ming [1990] 2 HKLR 370, the Court of Appeal has laid down guidelines for traffickers in heroin.  For a quantity between 10 and 50 grammes, between 5 and 8 years shall be considered.

6.For separate batches of the same drugs found in separate locations, the correct approach had been summarised in HKSAR v Lam Chi Wa CACC 94/2008 by Saw J, who delivered the judgment of the Court of Appeal as follows:

“It has long been accepted that it is appropriate where two or more counts of drug trafficking are charged and the offences occur on the same day and at the same time (as they did here), where the reason for there being two or more charges as opposed to one is primarily that the drugs are located in different places (as they were here), for the sentencer to add the total of the active ingredient of the drugs together to arrive at a notional starting point.”

Sentencing thisDefendant

7.I take a starting point of 6 years for each charge.  Given his plea of guilty, I reduce it to 4 years.  There are no other mitigating factors.  This is his sentence for each charge, to be served concurrently.