HKSAR v. Chin Chin Fai

DCCC472/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 472 OF 2011

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

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

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

Reasons for Sentence

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

1.You pleaded guilty to one count of trafficking in dangerous drugs.

2.The facts revealed that on 14 March this year, police stopped and search you at the junction of Tong Yam Street and Tai Hang Tung Road, Shamshuipo and found in your possession two plastic bags containing 7.45 grammes of a mixture containing 5.76 grammes of heroin and 0.4 grammes of “Ice”.

3.You admitted that you delivered the drugs for someone else with a reward of HK$360.  Two days later, when you were in Lai Chi Kok Reception Centre, another packet containing 0.28 grammes of a mixture containing heroin was found in your excrement.  You admitted you had possession of these drugs for the purpose of trafficking.  

4.In mitigation, you said part of the “Ice” was for your own consumption.

5.In sentencing, court will take into account your plea of guilty and the mitigation put forward by your counsel. 

6.In this case there are two kinds of drugs involved, namely heroin and “Ice”.

7.In sentencing you, I will adopt the combined approach.

8.As rightly pointed out by your counsel, the starting point for 5.76 grammes of heroin should be between 2 and 5 years’ imprisonment, while the starting point for 0.4 grammes of “Ice” should be around 3 years.  I therefore adopt a starting point of 3 years for the 5.76 grammes of heroin and then adjust it upward to 4 years after taking into consideration the 0.4 grammes of “Ice”.  Because of your plea, I reduce the sentence to 2 years and 8 months.