HKSAR v. Wong Wing Chuen

DCCC91/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 91 OF 2011

----------------------

----------------------

---------------------

Reasons for Sentence

---------------------

1.Defendant, you pleaded guilty to a single offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134. You admitted the Brief Facts and I convicted you.

2.The facts were as follows. On 7 December last, PC 33232, PW1, at about 5 pm saw you walking towards a rubbish bin outside Queen Elizabeth Hospital, Wylie Road, Yau Ma Tei. You picked up a plastic bag, which is P1, from that rubbish bin and placed it in your right front trouser pocket. PW1 intercepted you and seized P1 from your right front trouser pocket.

3.Arrested and cautioned, you said you only wished to earn some money and was caught red-handed. You were in possession of $3,650 at that time.

4.Interviewed subsequently, you admitted the following:

(1)  P1 was heroin;

(2)  At about 4 am on 7 December 2010 you bought it from Tai Saw for $4,000 whom you met in a park;

(3)  Tai Saw told you to collect it from the rubbish bin at 5 pm that day;

(4)  You would sell some of P1 to your friends when you needed money and keep some for your self-consumption;

(5)  You would sell small packets for about $100 to $150.

5.Subsequent analysis revealed it to be 40 packets containing 9.68 grammes of a mixture containing 7.76 grammes of heroin hydrochloride. The street value was estimated at about $7,200.

6.You admitted to 30 previous convictions, 25 of which were related to drugs.

7.On your behalf, Mr Pang entered mitigation. Mr Pang said very little as there was very little to be said. He told me that you are 63, single and educated to Primary 2. He stressed that you were co-operative when arrested by the police. He told me that you had been advised that a custodial sentence was inevitable and he suggested a starting point of 3 and a half to 3 and 3-quarter years giving the amount of heroin hydrochloride involved. There was nothing more that he could say.

8.I turn now to sentence. I accept that you were co-operative on arrest and you pleaded guilty at the first available opportunity. You have a long and serious history of involvement with dangerous drugs. I note your first conviction was in 1975, that is some 36 years ago. 25 of those previous convictions involve dangerous drugs and 7 involve either trafficking or possession for that purpose. I note the amount of narcotic involved in this case is just under 8 grammes.

9.Taking all factors into account, I take a starting point of 4 years’ imprisonment. You are entitled and will receive one-third discount for your plea of guilty, therefore, this will be reduced to 32 months.