HKSAR v. FAN IOK LENG

DCCC1276/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1276 OF 2011

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Reasons for Sentence

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1.  The defendant has pleaded guilty today to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

2.  On 16 September last year, the defendant was caught red-handed in the Yau Ma Tei area delivering heroin, the quantity being 8.44 grammes of a mixture containing 5.84 grammes of heroin hydrochloride.

3.  The facts of this case are very straightforward.  The police on that afternoon found the defendant suspicious. They stopped her and searched her person and in her pocket found Exhibits E1 and E2, a total of 38 tablets containing heroin. 

4.  When she was arrested for trafficking in a dangerous drug, she admitted under caution that she was delivering the drugs to someone in Yung Shue Tau Park.  In a subsequent record of interview, she elaborated and explained she would receive a reward of $200 for fetching and delivering a packet of heroin for a male. 

5.  Four days later, whilst in remand at Tai Lam Centre for Women, in her excrement the Correctional Services Department found another two packets of suspected dangerous drugs, which was ultimately examined and found to contain 0.37 grammes of a mixture containing heroin hydrochloride. Under caution for that offence, she admitted she had swallowed the two tablets at the time of her arrest. 

6.  The defendant is 40 years old and single.  She is not a woman of clear record and has many previous convictions, among them six previous convictions for possession of dangerous drugs.  This is her first conviction for trafficking dangerous drugs. 

7.  I have been told and I can see from her record that she has a long history of drug addiction.  Her first drug conviction dates back to 1995.  One of the factors I will take into account is her role and here she admits that she acted as a courier.  However, I do bear in mind that without couriers an operation for trafficking dangerous drugs would not operate as smoothly, which explains the court’s attitude to the role played by a courier.

8.  I have been assisted by defence counsel in highlighting several sentencing cases for similar quantities of heroin.  Where tariff is concerned, I refer to R v Lau Tak Ming [1990] 2 HKLR 370.  Where heroin up to 10 grammes is concerned, a 2 to 5 year term of imprisonment would be appropriate.   

9.  The defendant’s best mitigation today is her plea of guilty. 

10.  Defendant, please stand up.

11.  Having considered that plea, mitigation put forward on your behalf, the facts of the case, and the fact you have no previous conviction for trafficking dangerous drugs, I find a starting point of 3 years and 6 months appropriate. 

12.  As you have pleaded guilty, you are entitled to a discount of one-third.  Having given you that discount, I ultimately sentence you to 2 years and 4 months.