HKSAR v. CHUI KIN KWONG

DCCC 728/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.728 OF 2012

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Reasons for Sentence

1.  The defendant pleaded guilty to one charge of trafficking in a dangerous drug, contrary to s.4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134. Particulars of the charge are that the defendant on 5^th May 2012 outside ground floor, Pik Kwai House, Kwai Chung Estate unlawfully trafficked a mixture containing 18.75g of heroin hydrochloride.

Facts

2.  Police officers on anti-narcotics operation in the Kwai Chung area spotted the defendant outside Pik Kwai House looking around nervously at around 06:18 on the charge date. The defendant was intercepted and searched and a total of 160 packets were found on his person. Government chemist later confirmed those packets contained a total of 18.75g of heroin hydrochloride.

3.  In a subsequent video recorded interview, the defendant claimed that an unknown person who asked him to retrieve the heroin from a bush in a park in Tsuen Wan and to bring it back to Kwai Chung Estate. That man would call the defendant later to retrieve the heroin and would pay the defendant $500. The defendant agreed and took a taxi to Tsuen Wan, retrieved the heroin, took a taxi back to Kwai Chung Estate and was walking to Pik Kwai House when he was intercepted by the Police.

4.  It is stated in the summary of facts that the defendant possessed those dangerous drugs for the purpose of trafficking. The defendant admitted to this summary of facts after pleading guilty and was duly convicted.

Previous convictions

5.  The defendant has 12 previous convictions, 7 of which are drug related. His last convictions were on 14^th October 2011 for 3 charges of possession of dangerous drugs when he was sentenced to a total of 9 months’ imprisonment. He was last released from prison in April 2012. The defendant committed present offence about one month after that.

Mitigation

6.  The defendant is 58 years old. He is educated up to primary 2 level. He had worked as a waiter, manufacturing work, driver and transportation worker before this incident. He is now on CSSA.

7.  The defendant got married in 1993 and divorced in 2007. He has a daughter aged 19 year old. Because of the defendant’s drug addiction and his going in and out of prison, his wife decided to divorce him, while he rarely sees his daughter.

8.  Although the defendant has 12 previous convictions, the present case is his first trafficking conviction. The defendant is well aware of the sentencing tariff for trafficking in heroin. Mr. Lam for the defendant urged the court to take into consideration that the defendant had pleaded guilty, that this is his first conviction for trafficking and that the defendant is basically someone whose life has been ruined by drugs already, and to deal with him leniently.

Sentencing tariff

9.  The applicable guidelines for trafficking in heroin hydrochloride are found in the case of R v Lau Tak-ming and Ors [1990] 2 HKLR 370. For between 10 to 50g of heroin hydrochloride, the sentencing tariff is that of between 6 to 9 years’ imprisonment.

Sentence

10.  Having heard from Mr Lam in mitigation, I find that there are no mitigating factors that would allow me to depart from the established guidelines. Although this is the defendant’s 13^th conviction, it is his first trafficking conviction. I will adopt a starting point of 66 months’ imprisonment, reducing it by one third in recognition of the defendant’s guilty plea and sentence him to 44 months’ imprisonment.