HKSAR v. Lin Hon

DCCC 801/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 801 OF 2011

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Reasons for Sentence

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Charge and facts

1.The defendant pleads guilty to trafficking in a dangerous drug, namely 14.15 g of a mixture containing 6.34 g of heroin hydrochloride.  In the evening on 19 May 2011, he was intercepted by the police on the street with the said drug in a bag inside his trouser pocket.  He had over $2,000 on him.

2.Upon arrest and caution he said:

(1) The drug was for self-consumption and treating friends;

(2) He had bought it at $4,000 from horse-race winnings;

(3) He was on the way to a methadone clinic nearby to treat a friend to part of the drug;

(4) He used to consume drugs 3 times a week, costing him about $200 each time.

3.The estimated retail value of the drug was near $9,700. 

Defendant’s personal circumstances and mitigation put forward

4.He is now 57 years of age, of P3 education.  He was unemployed before arrest.  He has been on public assistance for quite a number of years.  His wife has been wheelchair-bound after a stroke.  They have a son.  Their daughter-in-law is expecting a baby next year.  He has been a drug addict for 40 years.  He has a lot of criminal convictions.  Only 2 of them, dated back in 1973, are relating to drug trafficking. 

Sentencing guidelines for trafficking in heroin

5.There are guidelines laid down by the Court of Appeal in The Queen v Lau Tak Ming [1990] 2 HKLR 370 for trafficking in heroin.  For up to 10 g of narcotics, the sentence shall be 2 – 5 years.  

Sentencing this Defendant

6.From the Defendant’s own version, he used to spend $200 each time thrice a week on drugs.  It means the drug could have lasted nearly 7 weeks.  He has no earnings but public assistance to spend on drugs.  Of course, I understand that he had bought the said drug out of horse-race winnings in this instance.  I doubt whether he had the presence of mind to plan the respective portions for self-consumption vis-à-vis trafficking before arrest.  The latent risk for trafficking was clearly high.  Whether more for self-consumption or for trafficking, the drug shall attract a sentence of 2 – 5 years.

7.I take a starting point of 3 years in the light of an apportionment between self-consumption and trafficking I deem more favourable to the Defendant.  One-third off due to the plea of guilty, the sentence is 2 years in the absence of further mitigating factors.