HKSAR v. LEUNG SIU LUN

DCCC708/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.708 OF 2011

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Reasons for Sentence

1.  The defendant pleaded guilty to one charge of trafficking in dangerous drugs, contrary to s.4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

Facts

2.  The defendant was stopped by Police officer inside Yau Ma Tei Community Centre Rest Garden. Upon search, 50 packets of mixture (subsequently confirmed by Government Chemist to contain a total of 8.37g of a mixture containing 6.69g of heroine hydrochloride) were found from his trousers pocket.

3.  Under caution, the defendant stated that he delivered the “white powder” to Yung Shu Tau Rest Garden for “Ah Choi” for HK$500. The estimated street value of the drugs found on the defendant was HK$5,465.

Previous convictions

4.  The defendant has 12 previous convictions, including 9 charges, 3 for possession of dangerous drugs in the year 2003 and 2005. His last conviction was in 2005 when he was sentenced to the DATC for an offence of possession of dangerous drugs.

Mitigation

5.  The defendant has written a letter in Chinese. The defendant is 31 and was born in Hong Kong. Prior to arrest, he was living in public housing with his mother who is 50 and his 4 year old son.

6.  The defendant’s wife passed away in July 2010 after a virus attack and died after a short time in hospital. It came as a shock to the defendant who was suddenly left widowed with a young son.

7.  The defendant had a string of convictions between 1998 and 2005, but he had reformed himself after his marriage. The defendant did have some problems with drugs when he was in his 20s, but when he left the DATC in 2005, he had left drugs behind. He kept clean for 6 years.

8.  It was the shock of losing his wife that caused him to go back to his old peers and was drawn back into the drug taking atmosphere and environment, resulting in him starting to use Ketamine and Methamphetamine. Then one thing led to another and that was how the defendant took up the work as a courier.

9.  The defendant was cooperative after his arrest, and he made only a small amount of money.

Sentencing Guidelines

10.  According to the case of R v Lau Tak Ming and Others [1990] 2 HKLR 370, the guideline sentence for trafficking in heroin of quantity up to 10g is that of 2 to 5 years’ imprisonment.

Sentence

11.  Having heard the mitigation put forward on behalf of the defendant, although this court sympathizes with the defendant’s situation, I find that there is nothing in terms of mitigating circumstances to allow me to depart from the guideline sentence.

12.  I will therefore adopt a starting point of 45 months’ imprisonment, reducing it by one third in recognition of the defendant’s plea of guilty and sentence the defendant to 30 months’ imprisonment.