HKSAR v. Lee Chiu Sheng

DCCC 32/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 32OF 2012

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

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

Reasons for Sentence

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

Charge and facts

1.In the afternoon on 13 November 2011, the police searched the defendant as he appeared suspicious on Public Square Street near Reclamation Street, Yaumatei. He had 40 packets of heroin in his jeans pocket.  After arrest and caution, he admitted delivery for a reward of $10 per packet. 

2.The drug weighed 8.52 g in mixture and 5.79 g in heroin hydrochloride.  The street value would be around $5,700. 

Personal background and mitigation

3.He is 52 years of age.  He has 4 drug possession records.  He is unemployed.  He has been a drug addict for 3 decades.  His wife has separated from him.  Her mitigation letter stated, however, that she had forgiven him and he was not a bad person. 

Sentencing guidelines

4.Traffickers shall face 2 – 5 years for up to 10 g of heroin (R v Lau Tak Ming [1990] 2 HKLR 370). 

Sentencing this defendant

5.I take 3 years as the starting point.  I reduce it by one-third for his plea of guilty.  He has no other mitigating factors.  The sentence is 2 years.