HKSAR v. Chan Chun Chuen

DCCC 432/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 432 OF 2011

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Reasons for Sentence

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Charge and facts

1.The Defendant admits trafficking in heroin.  He was arrested in late evening at the staircase of a building in Shanghai Street with 160 packets of heroin mixture.  He carried $947 cash.  After caution, he admitted delivering the drugs for a reward of $300.  He had been on the job for a week. 

2.The heroin mixture weighed 36.44 g, which contained 24.49 g of heroin hydrochloride.  The estimated street value was over $28,000.  

Personal background and mitigation put forward

3.He is now 31 years of age.  He was educated up to F.1 level.  His father had passed away.  He had lost contact with his mother.  Since December 2010, he had lost the job of deliveryman for a restaurant and relied on public assistance.  He has a host of records, 3 of which were for trafficking in drugs. 

4.As they took place in 1995, 2005 and 2007 respectively, I do not regard him a recidivist so as to warrant an increase in sentence.    

Sentencing guidelines

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 narcotic weight of 10 – 50 g, the sentence shall be 5 – 8 years. 

Sentencing thisDefendant

6.I take a starting point of 6 years.  One-third off for the plea of guilty, the sentence is 4 years in the absence of other mitigating factors.