HKSAR v. CHOI LIN CHIU

DCCC 551/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 551 OF 2017

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REASONS FOR SENTENCE

1.  Choi Lin Chiu you have pleaded guilty to one charge of trafficking in 22.98 grammes of a mixture containing 16.87 grammes of heroin, contrary to section 4 of the Dangerous Drugs Ordinance[1].

2.  In summary around 6 p.m. on 6 April this year the police intercepted you as you walked out of the entrance of Tak Kei House in Tak Long Estate.   The police found inside the left pocket of your jacket a large transparent plastic bag containing the heroin wrapped in a total of 73 pink plastic wrappings and 34 white plastic wrappings.  On arrest you admitted under caution that you received money to repackage the drugs for others. 

3.  The police also found in your possession two mobile phones, $6,750 and two keys. The police used the keys to enter your home at Room 2409 Tak Kei House.  Inside the room the police found tools for packaging drugs, including an electronic scale, scissors and plastic wrapping.

4.  In a video interview you admitted you re-packaged the drugs for a friend called Ah Chung for a reward of $3,000. 

Mitigation

5.  In passing sentence, I have carefully considered everything said on your behalf by Mr Lok.   I am told you are remorseful and undertake not to commit offences in the future. 

Starting point

6.  In R v Lau Tak Ming the Court of Appeal laid down guidelines for trafficking in heroin[2].   Where the quantity of narcotic is between 10 and 50 grammes sentence falls within the range of 5-8 years.   I am satisfied the proper starting point after trial for 16.79 grammes of heroin is 5 years and 6 months’imprisonment.

Aggravating feature

7.  In Lau Tak Ming the Court of Appeal said a sentencing judge may properly take into account previous history of narcotic offences.  You have previous convictions for trafficking in a dangerous drug in 2003 when you were sentenced to 30 months’ imprisonment concurrent with sentences imposed for possession of drugs and keeping a divan and in 2010 when you were sentenced to 6 years’ imprisonment.  In addition, you have a further conviction for possession of drugs in 2006.   By reason of your persistent offending I enhance the starting point by 3 months to 5 years and 9 months’ imprisonment. 

Own consumption

8.  Mr Lok said that 20% of the drugs were for you own consumption.  This is contrary to what you told the police on arrest and in the subsequent video interview that for reward you repackaged the drugs and that you had no drug addiction and contrary to that in the antecedent statement that you had quit drugs in 2009.

9.  As indicated in court without further evidence I do not accept the mere assertion that part of the heroin was for your own consumption.  Mr Lok having taken your further instructions informs the court that you withdraw the mitigation that part of the heroin was for your own consumption.  I proceed on the basis the heroin was all for trafficking.  

10.  Giving you full credit for your plea of guilty you are convicted and sentenced to 3 years and 10 months’ imprisonment.