HKSAR v. CHIU HOI YAN

DCCC 602/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 602 OF 2014

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REASONS FOR SENTENCE

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1.  Chiu Hoi Yan you have pleaded guilty to one charge of trafficking in 26.70 grammes of a mixture containing 19.43 grammes of heroin, contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134 (charge 1); one charge of possession of apparatus fit and intended for the inhalation of a dangerous drug, contrary to section 36 of the Dangerous Drugs Ordinance (charge 2), and one charge of possession of 0.23 gramme of a crystalline solid containing 0.22 gramme of methamphetamine hydrochloride (“ice”) and 0.58 gramme of a powder containing 0.38 gramme of ketamine, contrary to section 8 of the Dangerous Drugs Ordinance (charge 3).

2.  In summary in the afternoon of the 17 May this year the police intercepted and searched you outside No. 52 Fuk Wing Street in Sham Shui Po.  During the search the police found two transparent plastic bags, each with 30 pellets containing a total of 7.74 grammes of heroin together with $2,160 and a mobile phone. Under caution you admitted trafficking in the drugs for a reward of $1,000 per day. 

3.  You were then taken to your place of residence at Room 3313 Mei Yin House in Shek Kip Mei Estate, Sham Shui Po.  Inside a wooden cabinet the police found three transparent plastic bags, each with 30 pellets containing a total of 11.69 grammes of heroin; one packet of ice and one packet of ketamine the subject of charge 3; one glass bottle suitable for inhaling ice; an electronic scale and a number of transparent resealable plastic bags.  Under caution you admitted the heroin was for trafficking and that the ice and ketamine were for your own consumption.

4.  In passing sentence I have carefully considered everything said on your behalf by Mr Lee, including that you became involved in trafficking drugs because of financial reasons after your boyfriend was sent to prison. 

Trafficking in a dangerous drug

5.  In R v Lau Tak Ming[1990] 2 HKLR 370 the Court of Appeal laid down guidelines for trafficking in heroin.  The court said where the quantity of narcotic is between 10 and 50 grammes sentence upon conviction after trial falls within the range of 5-8 years. 

6.  Taking into account you have no previous convictions for trafficking I am satisfied that the appropriate starting point after trial for 19.43 grammes of heroin is 5 years and 6 months imprisonment.  Giving you full credit for your plea of guilty reduces the sentence to 3 years and 8 months imprisonment.

Possession of ice and ketamine

7.  In HKSAR v Mok Cho Tik [2001] 1 HKC 261 the Court of Appeal said the starting point for possession of drugs which a bona fide user normally has in his possession should be in the range of 12 to 18 months but this does not seek to exclude magistrates from imposing lesser terms for very small quantities where the circumstances so warrant.

8.  Taking into account two drugs were possessed for your own consumption and the small quantity of both those drugs I am satisfied a starting point of 9 months imprisonment is appropriate.  Giving you full credit for your plea of guilty reduces the sentence to 6 months imprisonment.

Possession of apparatus fit and intended for inhalation of ice

9.  For possession of apparatus I am satisfied that a starting point of 3 months imprisonment is appropriate.  Giving you full credit for your plea of guilty reduces the sentence to 2 months imprisonment. 

Totality

10.  I am satisfied concurrent sentences are appropriate for possession of ice and ketamine and possession of apparatus fit and intended for inhalation of ice.  The two charges are however separate and distinct from the trafficking charge which concerns heroin. Taking this into account I order 3 months to be made consecutive to the sentence for trafficking. 

11.  You are convicted and sentenced as follows:

CHARGE 1 – 3 YEARS AND 8 MONTHS IMPRISONMENT;

CHARGE 3 – 6 MONTHS IMPRISONMENT;

3 MONTHS CONSECUTIVE AND 3 MONTHS CONCURRENT TO CHARGE 1; AND

CHARGE 2 – 2 MONTHS IMPRISONMENT CONCURRENT TO CHARGES 1 & 3.

This makes a total sentence to be served by you of 3 years and 11 months imprisonment, which I am satisfied properly reflects your criminality on the three charges.