HKSAR v. Lee Shui Lin

DCCC163/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 163 OF 2011

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Reasons for Sentence

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1.Defendant, I convicted you after trial of trafficking in 7.9 grammes of heroin hydrochloride. I was satisfied beyond reasonable doubt that on 23 December of 2010, you were arrested by police officers near Sau Wah House, Sau Mau Ping Estate, and in your possession was the drugs, the subject of the charge, and you intended to traffic in those drugs. You told the arresting officer that you had been given the drugs by an unknown person and instructed to deliver them to somebody else for a reward of $300.

2.You have appeared before the court on a number of previous occasions.  There are 13 previous court appearances involving some 24 offences, and you have been to prison on a number of occasions in the past. 11 of your convictions relate to drugs matters, and for trafficking in dangerous drugs, you have been sent to prison in 1989 for 3 years and in 1996 for 2 years and 6 months.  I note, however, that with regard to that record, your last court appearance was in 2002 and you had managed to stay out of trouble until this incident.

3.You are 64 years of age, and according to your counsel, you are a drug addict and have been for many years.  You are now a divorced man, your wife having separated from you some three to four years ago, and you have since that time been responsible for looking after your 18-year-old daughter who has just finished Form 5 education.

4.I am told that some 10 years ago, you were in regular employment, working as a factory worker and working in a bar but, unfortunately, you broke a leg and were unable to work thereafter.  Since that time, you have been in receipt of comprehensive social security allowance and currently you are receiving some $4,000 per month.  Your daughter has done well at school and she has in fact attended court today.

5.As your counsel has rightly acknowledged, for trafficking in this quantity of drugs, the Court of Appeal has said that a sentence of 2 to 5 years should be considered for trafficking in up to 10 grammes of heroin. 

6.This is your third conviction for trafficking, so the court would naturally consider imposing a greater sentence than the usual starting point given your record.  However, I note, as I have said, that your last court appearance was in 2002 and you have taken your responsibilities in regard to looking after your daughter seriously and she has done well.  I have decided therefore not to increase the usual starting point.  Having considered the quantity of drugs at 7.9 grammes of heroin in this case, I propose to impose a sentence of 3 years and 6 months.