HKSAR v. Pang Chi Wah

DCCC 12/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 12 OF 2014

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REASONS FOR SENTENCE

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The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is heroin.

Summary of Facts

2.About 11:20 p.m. on 1 November 2013, PC 7860 (PW1) stopped the defendant for enquiry outside Ground Floor, Nos.56-58 Un Chau Street, Shamshuipo.

3.Upon search, PW1 found a plastic bag in the umbrella carried by the defendant.  The plastic bag was later found to contain 27.95 grammes of a mixture containing 16.84 grammes of heroin hydrochloride.

4.Under caution, the defendant admitted that he would deliver the drugs to Mongkok for a reward of $400.  In his video recorded interview, the defendant admitted that upon instruction, he picked up a package of drugs from a flowerbed in Shamshuipo around 11:00 p.m. on the day of the offence.  He then placed the package in his umbrella.  He was supposed to deliver the drugs to a rubbish bin outside a restaurant at Bute Street.

Mitigation & Sentence

5.The defendant is now 61 and has 11 conviction records, which include 3 "simple possession" offences and 2 other drug-related offences.  He was released from prison on 7 May 2013 after serving the sentence for his last offence.

6.Defence lawyer Mr. LOK informed me that the defendant is divorced.  He has an 8-year-old daughter.  His daughter lives with his ex-wife in the mainland.  In mitigation, Mr. LOK submitted that the defendant suffers from high blood pressure and heart problems.  His next hospital appointment is in May this year.  In view of the defendant's age and health condition, Mr. LOK asked the court for leniency.

7.A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment even for fresh offenders. 

8.The Court of Appeal has laid down clear sentencing guidelines for trafficking in heroin (see  The Queen v LAU Tak-ming & others [1990] 2 HKLR 370).  For 10 to 50 grammes, the sentence ranges from 5 to 8 years' imprisonment.

9.In the present case, the defendant trafficked in 16.84 grammes of heroin.  Hence, I adopt 5.5 years' imprisonment as the starting point.  A one-third discount is given for the guilty plea, reducing the sentence 44 months.   Apart from this, I see no other mitigating factors which warrant any further discount.  His age and the alleged health condition do not justify any reduction, not even as an act of mercy.  I hereby sentence the defendant to 44 months' imprisonment.