HKSAR v. Wan Pak Chun

DCCC 842/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 842 OF 2013

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REASONS FOR SENTENCE

1.The defendant pleads guilty to trafficking in 14.24 grammes of a mixture containing 8.96 grammes of heroin, contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2.In summary around 8.25 p.m. on the 30 June this year the police intercepted the defendant outside No. 664 Nathan Road in Mongkok.  Upon search the police found a re-sealable plastic bag containing the heroin from the left front pocket of the defendant’s shorts.  Under caution the defendant said he bought the drugs for his own consumption and in a subsequent video interview explained that he would share half of the heroin with his friends who would pay him the same price as he paid for the drugs when they came to his home to consume heroin with him. 

3.In passing sentence I have carefully considered everything said on behalf of the defendant by Mr Wong together with the letter from the defendant’s wife.  I take into account that the defendant has no similar convictions for trafficking.  The offence was however committed whilst the defendant was on police bail for an offence of burglary, which matter is presently part-heard in the District Court.   The commission of offences on bail is an aggravating feature of sentence.

4.In R v Lau Tak Ming[1990] 2 HKLR 370 the Court of Appeal laid down guidelines for trafficking in heroin.  The court said the sentence upon conviction after trial where the quantity of narcotic is up to 10 grammes is between 2 and 5 years imprisonment.  Taking into account the offence was committed on bail I am satisfied the proper starting point after trial for 8.96 grammes of heroin is 4 years and 6 months imprisonment. 

Own use/non-commercial trafficking

5.The defendant repeats that half of the heroin was for his own use and that the other half would be shared with his friends, who would pay the same as he paid for the drugs such that he made no profit from his sale of the drugs.  Taking into account the defendant has one conviction for possession of drugs, albeit almost 13 years ago, and that he admitted at an early stage his consumption of heroin and that he shared half of the heroin with his friends, I am prepared to accept that half of the heroin was for the defendant’s own use and half shared with his friends. 

6.In deciding how much weight should be attached to the fact some of the drugs were for the defendant’s own use I have considered the decision in HKSAR v. Wong Suet Hau [2002] 1 HKLRD 69, in particular paragraphs 33 and 34 as applied in HKSAR v Chow Chun Sang [2012] 2 HKLRD 1121 and HKSAR v Cheuk Kin Man [2010] 5 HKLRD 561.  As to non-commercial trafficking I have also considered that said in Wong Suet Hau at paragraphs 35-51, in particular that this factor should not of itself provide a general basis for imposing a lighter sentence.

7.Taking into account the quantity of heroin; the packaging; the drugs were found when the defendant was on the street and not at home; possession of drugs carries a sentence in any event; the latent risk factor and that the defendant shared the drugs with friends without financial gain, I am satisfied the starting point should be reduced by 9 months to one of 3 years and 9 months imprisonment.  

8.Giving the defendant full credit for his plea of guilty he is convicted and sentenced to 2 years and 6 months imprisonment.