HKSAR v. See Chak Foon

DCCC 586 /2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 586 OF 2011

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Reasons for Sentence

1.The Defendant pleaded guilty to a sole charge of trafficking in a dangerous drug, namely, 5.41 grammes of a mixture containing 3.44 grammes of heroin hydrochloride.

The facts of the case

2.At about 4:50 pm, on 8 April 2011, a team of police officers intercepted the defendant outside his home.

3.They found the dangerous drug in question inside the Defendant’s jeans pocket.

4.Under caution, the defendant stated that the drugs belonged to Ah Chan who asked him to keep them in his home for a reward of HK$200. At the material time, he brought the drugs to Ah Chan, but was intercepted by the police.

5.The street value of all the drugs was HKD $3500

Criminal Record:-

The D has 17 previous records. 7 of which related to drugs offenses, 2 were trafficking in a dangerous drug and 2 were possession of dangerous drug. His last conviction was in 3/2010 for an offence of burglary. He was released from jail in 11/2010.

Mitigation:-

He is 53 years old, married with 2 children. His wife suffered from eye problems, at the of the commission of the present offense, he wanted to earn money as he was unemployed.

Sentence:-

According to the HKSAR V Lau Tak Ming (1990) 2 HKLR 370, the quantity involved falls into the sentencing bracket of 2 -5 years. The quantity in the present case is 3.44 grammes of heroin. I therefore adopted a starting point of 3 years reduced to 2 years to reflect his guilty plea.