HKSAR v. SUEN KAR-KUEN

DCCC925/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 925 OF 2009

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Reasons for Sentence

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1.  Defendant, you pleaded guilty to a single offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134. You admitted the brief facts and I convicted you.

2.  The facts you admitted were as follows. On 22 June of this year police officers conducted an anti-narcotics operation in the vicinity of Room C, Flat G, 4th Floor, Nos. 203-211, Nam Cheong Street, Sham Shui Po. At about 4.30 pm, you with your wife and child left the premises and you were intercepted. Upon searching you, the police found 60 packets containing 11.60 grammes of a mixture containing 5.03 grammes of heroin hydrochloride in the left front pocket of your trousers.

3.  After arrest and caution, you said, “Sir, I am dragging out the packets of ‘Four Chai’ to someone. Please give me a chance.” The premises were searched and from a plastic storage cabinet, 135 packets containing 139.72 grammes of a mixture containing 12.40 grammes of heroin hydrochloride were seized. Also in a white carton box, a pile of white and a pile of red plastic sheets were found. In a green carton box, a hammer, electronic scales, a pair of scissors and two lighters were found.

4.  Upon arrest and caution, you replied, “Sir, I bought the white powder and packed it into smaller packets for sale at $100 per white packet and $50 per red packet. It is nothing to do with my wife.” At a later interview under caution, you said a male named Kwan Chai gave you the heroin to divide into small packets, you would earn $200.

5.  Later analysis of the total quantity showed 151.32 grammes of a mixture containing 17.43 grammes of heroin hydrochloride.

6.  You admitted 15 previous convictions, four which involved dangerous drugs and one being a trafficking conviction. Additionally, you admitted to be in breach of a suspended sentence for possession of dangerous drugs.

7.  On your behalf, Mr Wong entered mitigation. He told me that you are 58 years of age, unemployed and married with one daughter. Your wife and daughter were now resident in the mainland. It seemed they were not contactable. I was told that the reason you committed the offence was for extreme poverty. Mr Wong produced and read a letter that you had written to me. I would take the contents of that letter into consideration when deciding sentence.

8.  Your plea of guilty and co-operation with the police on being stopped were stressed. Naturally, Mr Wong asked for a lenient sentence on your behalf.

9.  I turn now to the sentence. Trafficking in dangerous drugs is a very serious offence. This offence is committed by a man with a substantial criminal record, a man with previous convictions involving dangerous drugs including trafficking and a man who was in breach of a suspended sentence. The offence involved a substantial quantity of heroin hydrochloride, approximately 17½ grammes.

10.  I took into account the mitigation advanced and the circumstances of the offence. I did note that you were entirely co-operative throughout. You do understand, I am told, that in this type of case a substantial period of imprisonment is inevitable. In this case I could say no reason to depart from the usual tariff, I therefore took a starting point of 5 years and 9 months’ imprisonment. That is reduced to 3 years and 10 months for your plea of guilty.

11.  Mr Wong made no representations in regard to the suspended sentence, therefore that will be imposed consecutively in full. That is a period of 4 months consecutive to the sentence.

12.  Would you stand please? Therefore, you will go to prison for a total of 4 years and 2 months, that is 50 months.