HKSAR v. Yam Tak Wah

DCCC 981/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 981 OF 2013

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2.You have admitted that on 8 August 2013, at the staircase on the 11th Floor of Cheung On Mansion, Shui Wo Street, Kwun Tong, you unlawfully trafficked in 60.87 grammes of a mixture containing 28.01 grammes of heroin hydrochloride.  At about 2.30 pm that day, police officers were conducting an anti‑narcotics operation in the Cheung On Mansion.  When they patrolled past the staircase on the 11th floor, they saw you acting suspiciously.  As a result, they intercepted you and revealed their police identity.  At the time, you were carrying a black bag and within that black bag was a smaller black plastic bag containing the drugs.  The drugs were contained in three transparent resealable plastic bags.  The two bags contained approximately 28 grammes of mixture and the other bag contained about 4.80 grammes of mixture. 

3.When you were arrested and cautioned, you admitted that ‘Ah Yan’ asked you to put down the white powder at the staircase there and asked the officers for a chance.  In short, you later admitted in a video-recorded interview that you were asked to do this by Ah Yan as you had lost money to him playing mahjong.  You therefore did this delivery for him and you would earn $600. 

4.The street value of the drugs was around $52,165.  At that time, you had in your possession three mobile phones and four SIM cards, cash of $18,450 and cash of RMB380. 

5.Defendant, you are 53 years of age and have had four appearances at court to which you have amassed six previous convictions.  Five of those are related to trafficking in dangerous drugs.  The first of those trafficking of dangerous drugs date back to October 1996.  The last of those convictions was in February 1997 to which you received a term of imprisonment of 8 years and 6 months. 

6.Your solicitor, Mr Stanley Chan, has mitigated on your behalf today and I have taken into account all that he has had to say. In short, his mitigation is your plea of guilty and early admission to the police upon your arrest. 

7.You are married with a child aged 3.  Your wife and daughter have just been granted permission to come to Hong Kong on a single entry permit in May of this year.  Despite them being in Hong Kong you, however did not live with them continuously.   

8.Mr Chan has correctly referred to the case of Lau Tak Ming in regard to trafficking in the dangerous drugs of heroin.  I believe you yourself will be familiar with the guidelines therein because all your previous convictions, as you have told me, in respect of trafficking relate to the dangerous drug heroin.  The appropriate guideline sentence for the quantity of drugs you had for trafficking of 21.01 grammes of heroin fall in a bracket of between and 10 and 50 grammes of which a starting point of 5 to 8 years’ imprisonment after trial is appropriate.

9.Given the amount of drugs you had trafficked in, I take a starting point of 6 years and 3 months’ imprisonment and give you full credit for your plea of guilty and reduce that term to 4 years and 2 months’ imprisonment to which you shall be so sentenced. 

10.Despite your appalling criminal record of which you have five previous similar convictions that would usually call for an enhancement of sentence as it is an aggravating factor, I have not enhanced your sentence. I note that all those offences to which you committed were between the period of 1996 and 1997.  Your last discharge from prison was on 19 September 2006.  You have been out of trouble now for some seven years.  In those circumstances, I do not think that an enhancement in your case is warranted.