HKSAR v. Cheung Tak Kong

DCCC 15/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 15 OF 2013

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

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

Reasons for Sentence

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

1.The defendant has pleaded guilty today to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

2.The facts of this case are very straightforward.

3.On 22 September last year, mid-morning, a police officer spotted the defendant acting suspiciously.  What he saw was the defendant turn away when he saw a police officer.  That led to a police officer stopping the defendant, making inquiries and ultimately searching him.  Upon search, 50 packets of heroin containing 8.09 grammes of a mixture containing 5.86 grammes of heroin hydrochloride were found in the defendant’s left shoe.

4.Under caution he admitted having just bought this quantity of heroin that morning for an amount of $6,000, he said for his own consumption.

5.At the time of his arrest the defendant also had nearly $5,600 cash and two mobile phones on his person.

6.In a later interview under caution the defendant told the police that he bought in bulk for a discount and today admits possessing this quantity of heroin for the purposes of trafficking.

7.The defendant’s best mitigation today is his plea of guilty. 

8.He has previous convictions but none for trafficking in dangerous drugs.  He has three previous convictions for possession of dangerous drugs, the last being in 2009.

9.I heard mitigation put forward on behalf of the defendant.  He is now 45 years old and married but living in Hong Kong alone. He has not worked for a number of years and is presently receiving CSSA benefits.  He has told the police that he is a drug addict.

10.Where trafficking heroin is concerned there are sentencing guidelines and I referred myself to the relevant authority, R v Lau Tak Ming [1990] 2 HKLR 370.  In that authority the relevant guideline for this case is where there is 0 to 10 grammes of heroin involved, that would attract between 2 to 5 years’ sentence.

11.I have taken into account his plea today.  It is his first conviction for an offence of this nature, the quantity of drug involved, mitigation put forward, and the relevant sentencing authority.

12.According to the authority, this quantity of drug will attract a sentence of just over 3 years and 9 months.  However, as it is his first conviction for trafficking in dangerous drugs and he has pleaded guilty, I will take a slightly lesser starting point of 3 years and 6 months. After he has pleaded guilty, he is entitled to a discount of one-third.

13.After this discount, he will be sentenced to 2 years and 4 months’ imprisonment.