HKSAR v. YU HAAP YAM

DCCC 1/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1 OF 2017

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REASONS FOR SENTENCE

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1.  The defendant pleaded guilty to a charge of “Trafficking in dangerous drugs”. The dangerous drugs involved is 12.77 grammes of a mixture containing 10.13 grammes of heroin hydrochloride and 60 tablets containing 0.89 gramme of midazolam.

Summary of facts

2.  On 4 October 2016 outside Mei Shing House, Shek Kip Mei Estate, Kowloon, the defendant was found acting furtively and pressing his black sling bag and intercepted by the police.  He was then found to have possessed inside the sling bag altogether 50 packets containing 10.13g of heroin hydrochloride and 60 tablets containing 0.89 g of midazolam.

3.  Under caution at scene, the defendant said that the drugs were bought for his own consumption.  In the subsequent cautioned interview, the defendant further admitted that he bought the heroin at HK$6,000 from a Ming Jai at Shek Kip Mei Playground at about 6pm on the same day. While the midazolam was bought at a pharmacy near Nathan Road after he had consulted a doctor in Yau Ma Tei 2-3 weeks ago. He said he had been taking drugs for many years since 19 years old and he was unemployed receiving CSSA of $3,700 per month. The $9,100 found on him was borrowed from his elder brother for buying drugs.

4.  The street value of the dangerous drugs seized in the present case was estimated to be around HK$12,950.27. ($9590.27 for the heroin hydrochloride and $3360 for the midazolam)

5.  The defendant now admits that he possessed the said dangerous drugs for the purpose of unlawful trafficking.

Mitigation

6.   The defendant is aged 47, unemployed and living along in Cheung Sha Wan. He has a long history of criminal records since 2002.  5 records out of 16 were of dangerous drug related offences. Most of the others concerned dishonesty related offences.  He worked as a construction site worker in the past but has been receiving CSSA in recent years. He is currently receiving $3,700 per month.

Sentence

7.  A clear message must be conveyed to the general public that “drug trafficking” is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment even for fresh offenders.  The Court of Appeal has laid down clear sentencing guidelines for trafficking in heroin (see The Queen v Lau Tak Ming & others [1990] 2 HKLR 370).  For 10 to 50 grammes of heroin hydrochloride, the sentence ranges from 5 to 8 years’ imprisonment.

8.  The defendant trafficked in 10.13 grammes of heroin and 0.89 gramme of midazolam in the present case. Given the small quantity and comparatively less potent nature of midazolam found at the same time, I consider the appropriate overall starting point should be 5 years, i.e. 60 months’ imprisonment.

9.  A full one-third discount is given for defendant’s guilty plea indicated at plea day, reducing the sentence to 40 months’ imprisonment.  Apart from this, I see no other mitigating factors which warrant any further discount.  Hence, I sentence the defendant to 40 months’ imprisonment.