HKSAR v. JASPAL SINGH

DCCC508/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 508 OF 2009

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Reasons for Sentence

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1.  The defendant, Mr Jaspal Singh, faces one count of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.

2.  The particulars of the offence are that the defendant on the 4th day of April 2009 in the park outside Block 21, Shek Kip Mei Estate, Sham Shui Po, Kowloon in Hong Kong unlawfully trafficked in dangerous drugs, namely 58 tablets containing 0.79 gramme of midazolam and 7.05 grammes of a mixture containing 6.21 grammes of heroin hydrochloride.

3.  The defendant pleads guilty to the charge.

Facts admitted

4.  According to the facts admitted by the defendant, he was intercepted and searched by the police at 7.25 pm on 4 April 2009 in a park outside Block 21, Shek Kip Mei Estate, Sham Shui Po, Kowloon.  The dangerous drugs in question, which are 58 tablets containing 0.79 gramme of midazolam and 7.05 grammes of a mixture containing 6.21 grammes of heroin hydrochloride, were found inside the mouth and the pocket of the jacket worn by the defendant.  When being arrested and cautioned, the defendant said that the dangerous drugs were for his own consumption. 

Criminal record

5.  The defendant has two previous convictions of theft.  The last one took place on 8 February 2007 for which he was sentenced to rehabilitation centre. 

Mitigation

6.  The defendant is aged 19 and has received education up to primary 5.  According to the solicitor representing the defendant, he had worked in a number of odd jobs, the last one being a delivery worker in a fish market.  He was addicted to dangerous drugs in 2005 under the influence of undesirable peers.  He lost his job in January 2009 and he foolishly trafficked in the dangerous drugs in question for the man from whom he had purchased dangerous drugs.  He is now extremely remorseful.  He is no longer addicted to dangerous drugs and he plans to get married after the present incarceration.  The solicitor asks the court to treat the defendant leniently.

Sentence 

7.  Trafficking in dangerous drugs is a very serious offence because it has the effect of making dangerous drugs more easily available to individuals.  This does immense harm not only to the individuals but also to society.  Although the dangerous drugs involved in the present case are heroin hydrochloride and midazolam, trafficking in the former is much more serious than trafficking in the latter. 

8.  According to well-established sentencing tariffs, the starting point for trafficking in heroin hydrochloride of up to 10 grammes is 2 to 5 years’ imprisonment.  The amount of heroin hydrochloride in the present case is 6.21 grammes.  According to these tariffs, the staring point should be 3 years 10 months’ imprisonment.  The court cannot see any reason why in the present case that the tariffs should not be followed. 

9.  After considering the nature of the case and the amount of midazolam involved, the court is of the view that adding 5 months’ imprisonment to the starting point for trafficking in heroin hydrochloride is sufficient to reflect the culpability of the defendant.  The court therefore adopts a starting point of 4 years 3 months’ imprisonment in the present case.  After giving credit to the defendant for his guilty plea, the court sentences him to imprisonment of 2 years 10 months.