HKSAR v. Ng Yun Sum

DCCC507/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 507 OF 2011

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

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

Reasons for Sentence

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

1.Defendant, you were convicted upon your guilty plea of one charge of trafficking in dangerous drugs.

2.In sentencing I have considered the whole circumstances of the case, including its nature and facts, in particular the nature and quantity of the dangerous drugs concerned, your background and mitigation put forward on your behalf.

3.The facts of the case are straightforward.  When police officers were conducting a search at your home, you returned. Then found in your trousers pockets were 55 packets containing what confirmed to be 6.6 grammes of a mixture containing 5.25 grammes of heroin.

4.Under caution, you admitted to have bought the dangerous drugs at $5,000, intending to sell it to the drug addicts. 

5.I was told that you were 46 years of age.  You were divorced and living with your aged mother and brother.  I was also told that you had received education up to Form 1 level.  You are not a first time offender.  On three previous occasions you have been convicted, involving one offence of possession of dangerous drugs and three offences of trafficking in dangerous drugs. 

6.The second occasion on which you were convicted of the offence of trafficking in dangerous drug was in April 2004.  For two charges of trafficking in dangerous drugs you were sentenced to a total of 6 years and 8 months’ imprisonment.  These two charges arose from the same incident.  You were discharged in February 2008 after having served this sentence.

7.Your counsel told me that after your release from prison, you had worked as a decoration worker.  However, due to your drug habit, you did not enjoy good health.  As a result, you failed to keep the employment and were in financial difficulties.  It was in these circumstances that you committed the present offence. 

8.The dangerous drug you trafficked in was heroin.  The total narcotic content was 5.25 grammes of heroin hydrochloride. 

The Court of Appeal suggested in R v Lau Tak Ming, [1990] 2 HKLRD 370, that a sentence of 2 to 5 years’ imprisonment should be considered for trafficking in heroin of narcotic content up to 10 grammes.

9.In that case, Silke VP further said that within a` suggested band, factors which the court may take into account included the profit which may reasonably be expected to be derived, the number of packets, the type of mixture containing the narcotic, the degree of involvement of the offender, his previous history of narcotic offences and matters of mitigation.

10.In all the circumstances, I do not find there are good grounds to depart from the tariff.  Taking into account that it was your third conviction of the offence of trafficking in dangerous drugs, and for this reason an extra term of about 6 months is warranted, I consider a starting point of 3½ years appropriate.

11.You pleaded guilty and therefore are entitled to a one-third discount.  Having regard to the whole of relevant circumstance and everything said on your behalf, I am of the view that this is the extent of discount you are entitled to.

12.For these reasons, I sentence you to 28 months’ imprisonment.