HKSAR v. Chau Kin Long

DCCC 113/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 113 OF 2011

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Reasons for Sentence

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Charge and facts

1.The Defendant pleads guilty to trafficking in a dangerous drug, heroin. On the evening of 15 December 2010, he was outside Langham Place, Mongkok. The police searched him. A plastic bag was found under his armpit. It contained:

(a)  10 packets containing 3.61 grammes of a mixture containing 2.39 grammes of heroin hydrochloride;

(b)  40 packets containing 7.20 grammes of a mixture containing 5.07 grammes of heroin hydrochloride.

2.At the time of the interception, he had swallowed 1 packet of the drugs. That weighed 0.1 gramme. After arrest and caution, he admitted picking up the drugs from shrubbery outside Langham Place for delivery in reward of $500. He had $2,840 on him.

3.The swallowed packet was retrieved from his excrement several days later in Lai Chi Kok Reception Centre. He claimed it was for his own consumption.

4.The prosecution assessed the street value of the drugs to be $7,658.

Personal background and mitigation put forward

5.The Defendant is now 31 years of age. He is married but has separated from his wife. He is a drug addict. He has only one criminal record for trafficking, among many simple possession records.

Sentencing guidelines

6.In The Queen v Lau Tak Ming [1990] 2 HKLR 370, the Court of Appeal had laid down guidelines for traffickers in heroin hydrochloride. For up to 10 grammes, the sentence shall be 2 – 5 years.

Sentencing thisDefendant

7.The Defendant was a courier for reward. I take a starting point of 4 years. There are no mitigating factors except the plea of guilty. Knocking off the one-third discount, the sentence is 2 years and 8 months.