HKSAR v. TANG TAK HOI

DCCC 92/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 92 OF 2013

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REASONS FOR SENTENCE

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1.  Defendant, please stand up. You have pleaded guilty before me to a single charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.

2.  The particulars of the offence aver that you on 26 November last year, outside Ground Floor, No 119 Castle Peak Road, Sham Shui Po, Kowloon, unlawfully trafficked in a dangerous drug, namely, 27.88 grammes of a mixture containing 13.56 grammes of heroin hydrochloride.

Facts

3.  The facts of this case are simple enough.  This is a stop-and-search case.  At about 6.39 pm on the date of the offence, you were acting furtively walking along Castle Peak Road towards Kiu Kiang Street at Sham Shui Po.  As a result, you were stopped by a group of police officers and you were searched and on your person they found one transparent plastic wrappings containing suspected dangerous drugs in your rear right pocket of your trousers.  You were immediately arrested and cautioned under which you freely admitted that since you had no money, you delivered the white powder to earn money.

4.  In a subsequent video-recorded interview, you gave more details about how you promised to deliver the heroin for a male called Kwong Tau Jai for a small reward of only $300. 

5.  The suspected dangerous drugs were later examined by the government chemist and it was confirmed to be heroin with the quantity as stated in the charge.  The estimated market value of the heroin is HK$21,523.

The background and the criminal record of the defendant

6.  You had appeared in court in eight previous occasions in connection with nine charges of which four were possession-of-dangerous-drugs cases and you were mostly sentenced to the DATC.  For your last criminal record which was also a possession-of-dangerous-drugs record, you were sentenced to 1-month imprisonment.  You were discharged from the prison in October 2007.

7.  You are still single, and according to the antecedent statement, you live in a room in Sham Shui Po and you live on public assistance. 

8.  In mitigation, your lawyer told me that the reason why you committed the present offence is largely economic.  Miss Chan, your lawyer, reminded the court that you managed to stay away from trouble of the law for the last past five years.  In fact, you have tried to work as a decoration worker but, unfortunately, you had injured your knees two years ago and you had a minor operation.  As a result you became unemployed again.  Because you had no money, you resorted to committing the present offence in order to earn quick money.

9.  Miss Chan also informed the court that you have elderly parents and they are both in their 70s and rely on your support.  She urged the court therefore to be as lenient as possible so that you can be released earlier to support the parents.  

The sentencing considerations

10.  Trafficking in a dangerous drug is of course a very serious offence. Anyone who were involved in this kind of criminal activity and were caught would be expected to be dealt with severely by the court.  The court would not accept any reasons, not to mention economic reasons, for committing a serious crime such as the present.  The Court of Appeal has already said that in a serious crime such as trafficking in dangerous drugs, family circumstances virtually play no part in mitigation at all.  Even though I have great sympathy for the situations of your old-age parents, this is simply something which I cannot take into account when I consider the sentence.  You should think twice before you committed the offence.

11.  In respect of the present dangerous drugs which is heroin, the Court of Appeal has long laid down a sentencing guideline in the case of R v Lau Tak Ming & Others [1990] 2 HKLR 370.  In that case, the Court of Appeal has said that up to 10 grammes, the sentence will be 2 to 5 years and between 10 to 50 grammes, the sentence will even be 5 to 8 years’ imprisonment. 

12.  In this case, the quantity of the heroin is 13.56 grammes.  I therefore consider that the proper starting point is 63 months.  You have pleaded guilty in this case which I consider is the only single effective mitigating factor which would entitle you to a one-third discount.  After the reduction of 21 months, you are therefore sentenced to 42 months and that is 3 years and 6 months’ imprisonment.