HKSAR v. LAM WAI FONG, KITTY

DCCC 48/2018

[2018] HKDC 819

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 48 OF 2018

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REASONS FOR SENTENCE

1.  The defendant pleads guilty to one charge of trafficking in heroin and midazolam, contrary to section 4 of the Dangerous Drugs Ordinance[1].

2.  In summary at around 2123 hours on 19 November last year PC 22369 intercepted the defendant outside a female toilet near Block 23 of Shek Kip Mei Estate in Sham Shui Po.  The defendant was holding in her right hand a plastic bag inside which was ten packets containing a total of 2.09 grammes of a mixture containing 1.35 grammes of heroin together with five foil packs containing five tablets containing 0.06 gramme of midazolam. 

3.  PC 22369 then arrested the defendant.  The defendant attempted to flee and at the same time threw a black plastic bag on the ground.  PC 22369 stopped the defendant and checked the black plastic bag.  Inside the black plastic bag PC 22369 found twenty-four packets containing a total of 5.12 grammes of a mixture containing 3.32 grammes of heroin and fifteen foil packs containing fifteen tablets containing 0.182 gramme of midazolam. 

4.  In the police station a further ten empty plastic bags were found in the defendant’s handbag. 

Mitigation

5.  In passing sentence, I have carefully considered everything said on behalf of the defendant by Mr Leung.  Mr Leung informs the court that the defendant has been a heroin addict for over ten years and that at the time of her arrest she was unemployed, on CSSA and living under a footbridge. 

6.  Initially Mr Leung submitted that the drugs found in the defendant’s right hand were, as she told the police, for her own consumption.  After taking further instructions Mr Leung withdraws the claim that the drugs found in the defendant’s right hand were for her own consumption.  The defendant confirms in court that all the drugs were for trafficking. 

Starting point

7.  In R v Lau Tak Mingthe Court of Appeal laid down guidelines for trafficking in heroin.  The court said the sentence upon conviction after trial where the quantity of narcotic is up to 10 grammes is between 2 and 5 years’ imprisonment[2].

8.  On a strictly arithmetical approach the starting point after trial for 4.67 grammes of heroin is 3 years and 4 months’ imprisonment.  Taking into account the defendant has no prior convictions for trafficking and her last conviction for possession of drugs was in 2011, I take a slightly lower starting point of 3 years and 3 months’ imprisonment.  I am satisfied the small quantity of midazolam, 0.242 gramme, does not increase the starting point (see for example HKSAR v Amnuaychoke Nopporn[3]).

Sentence

9.  Giving the defendant full credit for her plea of guilty she is convicted and sentenced to 2 years and 2 months’ imprisonment.