HKSAR v. CHAN KWAN LAP

DCCC144/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 144 OF 2011

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

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

Reasons for Sentence

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

1.  The Defendant pleads guilty to one count of trafficking in a dangerous drug.

2.  A team of police officers mounted an anti-dangerous drugs patrol at the area of Reclamation Street, Kansu Street, Yau Ma Tei, Kowloon in the early morning on 5 January 2011.

3.  At about 6.45 am, one of the police officers spotted the Defendant wandering suspiciously at the above area.  During the observation, it was seen that the Defendant was approached by some males who looked like drug addicts.  The police officer then intercepted the Defendant and revealed his police identity.

4.  Upon search, the police officer found one plastic bag containing 12 and 27 packets of suspected heroin from the Defendant’s right front trousers’ pocket.  The Defendant was then arrested. 

5.  During a subsequent cautioned interview, the Defendant stated that the he was asked by his friend to sell ‘White Powder’ to made some money, and he would earn HK$10 for each packet of ‘White Powder’ he sold. 

6.  The Government Chemist later confirmed that the 39 packets found on the Defendant contained a total of 8.45 grammes of a mixture containing 6.41 grammes of heroin hydrochloride.    

7.  The Defendant is aged 58.  He has an appalling criminal record.  He has 35 previous convictions with 19 related to drugs.  Out of the 19 drug-related convictions, two were related to trafficking in a dangerous drug.  The last trafficking conviction was in 2005, for which he was sentenced to a term of imprisonment of 3 years and 4 months. 

8.  According to Mr Yeung, solicitor for the Defendant, the Defendant is a deep-rooted drug addict and he therefore is easily used by the drug syndicate to be a courier in these kind of drug-trafficking activities.

9.  Prior to his arrest, he was unemployed and he relied on the CSSA payment to support his living.  According to Mr Yeung, the Defendant is remorseful for his crime and asked the court to treat him as leniently as possible.

10.  Trafficking in a dangerous drug is always a very serious offence.  According to the sentencing guideline as laid down in the case of Lau Tak Ming, trafficking up to 10 grammes of heroin will attract a sentence in the region of 2 to 5 years’ imprisonment.

11.  As 6.41 grammes of heroin was involved in the present case, I adopt a starting point of 3½ years’ imprisonment in respect of the present offence.

12.  However, the Defendant has an appalling criminal record and so the sentence should be increased in order to give a further deterrent effect on the Defendant.  I therefore increase the sentence by a further 6 months in view on the appalling criminal record of the Defendant.

13.  The total starting point is 4 years’ imprisonment.  Giving the Defendant one-third discount for his plea of guilty, the sentence is now reduced to one of 32 months’ imprisonment, and this is the sentence I impose in the present case.