HKSAR v. Hon Yin Hiu

DCCC856/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 856 OF 2011

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a single offence of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

2.You admitted the facts and I convicted you.

3.The facts are as follows.  Around 1.25 am on 15 May of this year police laid ambush outside Flat 24, Peony House, West Block, 9-21 Pok Man Street, Tai Kok Tsui.  You returned to the premises in the company of a male and a female. 

4.The police intercepted you and searched the premises.  You surrendered a red iron box containing 14 packets of suspected heroin, that is Exhibits 2 to 5; 28 tablets of suspected nimetazepam, Exhibit 6; and a bottle of caffeine, Exhibit 7.  In addition, on top of the table in the living room they found electronic scales, four boxes containing two bundles of white plastic sheet, a plastic straw, a lighter, a piece of aluminium foil, a plastic spoon, a pair of scissors, and four plastic straws.

5.You were arrested for trafficking in dangerous drugs. Under caution, you admitted committing the offence as you had no money.

6.In a subsequent video-recorded interview you admitted buying the drugs from a friend for $6,000 to $7,000, packing them and selling them for a profit.

7.Subsequent analysis revealed that E1 to E5 contained a total of 20.92 grammes of mixture containing 15.29 grammes of heroin hydrochloride.  E6 contained five foil packs containing 28 tablets, that is 0.18 grammes of nimetazepam.  Exhibit 7 was a plastic bottle containing 58.62 grammes of a powder containing caffeine.

8.The estimated street value of the heroin was $14,330 and the nimetazepam $1,260.

9.You admitted to two previous convictions, each related to dangerous drugs, and also to breach of Probation Order.

10.On your behalf, Mr Yip entered mitigation.  Very helpfully he had reduced that mitigation to writing and he read that out to the court.  I was told that you are 39 years of age, divorced, and you have one daughter of 13.  I note that both your daughter and ex-husband are here today.

11.You were born in the Mainland and educated to Form 3.  Your parents and siblings still reside there.  You are in receipt of CSSA of about $6,000 a month, and you committed the offence under the influence of dubious friends.  Very realistically, Mr Yip identified that there was very little to say by way of mitigation except to stress your co-operation with the police, including your voluntary surrender of the dangerous drugs; also your plea of guilty at the first available opportunity.

12.Mr Yip read to me a letter that you had addressed to the court.  He correctly identified that this offence fell within the range of 5 to 8 years’ imprisonment but asked me to take a starting point at the very lowest end of the scale given the amount of drugs involved.

13.I turn now to the sentence.

14.I note your previous involvement in dangerous drugs.  I note also that you are enjoying the support of your ex-husband and daughter who have come to court today.  In mitigation, I also note that you were co-operative with the police and did indeed surrender the dangerous drugs; also your plea of guilty. 

15.In all the circumstances, I take as a starting point 63 months’ imprisonment, that is 5 years and 3 months, reduced to 42 months for your plea of guilty. 

16.You will go to prison for 42 months.