HKSAR v. Tse Kam Sang

DCCC 439/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 439 OF 2014

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

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

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

Reasons for Sentence

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

1.The defendant has pleaded guilty 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 particulars are that on 15 February this year, outside Shek Kip Mei Estate Car Park, the defendant unlawfully trafficked in a dangerous drug, namely, 25.2 grammes of a mixture containing 20.07 grammes of heroin hydrochloride.

3.The facts of this case are very straightforward.

4.On 15 February at about 9 o’clock in the evening, several police officers saw the defendant and intercepted and stopped him.  Their suspicions proved to be accurate and, upon a search of the defendant, a bag was found in his left front pocket jacket, containing 50 smaller packets of heroin.

5.After an arrest and caution, the defendant admitted that he was acting as a courier, delivering the heroin for sale and in return he would be paid $300.

6.Later, in a subsequent video recorded interview, he made further admissions.  He knew that the packets seized from him were heroin.  Somebody called “Ah Ming” called him to tell him where to pick up the drugs near the Shek Kip Mei Car Park.  He would be allowed to consume part of the drugs as a reward for delivering the drugs.

7.The defendant was caught red-handed.

8.According to the police estimate, the street value was about HK$19,000.

9.The defendant’s best mitigation is his plea today.

10.I have heard the defendant is 56 years old.  He is married, but his wife resides in China.  He has been unemployed for a period of time and relying on public assistance. 

11.I have been told that he has been a drug addict for many years.  This can be confirmed from his previous convictions.  He has 48 convictions, of which 24 relate to possession of dangerous drugs.  He has one previous conviction for trafficking in dangerous drugs and was convicted in 2009 to 16 months’ imprisonment.

12.I have been told that, because he has to rely on public assistance, he is unable to support his drug addiction, so he has resorted to acting as a courier for financial gain.

13.I accept the defendant’s role is one of a courier and he is not a mastermind.  However, I do bear in mind that masterminds cannot operate without couriers.  The defendant can be described as “a cog in the wheel”.

14.Where trafficking heroin is concerned, there are sentencing guidelines and I have referred myself to the authority of R v Lau Tak Ming [1990] 2 HKLR 370.  The relevant guideline is that, where between 10 to 50 grammes of heroin is trafficked, an appropriate starting point would be between 5 to 8 years’ imprisonment.

15.Mathematically speaking, trafficking 20 grammes of heroin should attract a starting point of 5 years and 9 months.

16.Defendant, please stand up.

17.I take into account the facts of the case, the nature of the drugs and the quantity of the heroin.  I take into account your plea and the fact that, although you have many previous convictions, you have only one for trafficking in dangerous drugs.  Lastly, I take into account mitigation put forward on your behalf.

18.Having considered all those factors, I will take a starting point of 5 years and 6 months.

19.You are entitled to a discount of one-third from the starting point for your plea today.

20.For this offence, therefore, you are sentenced to 3 years and 8 months’ imprisonment.

COURT: Do you understand the sentence?

DEFENDANT: Understood.