HKSAR v. YIP KI KIT

DCCC 487/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 487 OF 2013

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REASONS FOR SENTENCE

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1.  The defendant pleads guilty to one charge of trafficking in 44.19 grammes of a mixture containing 23.75 grammes of heroin, contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2.  In summary at about 07:05 in the morning of the 25 March this year the police intercepted the defendant as he came out of a building at No. 66 Un Chau Street.  Upon search the police found in the left pocket of the defendant’s jacket four transparent re-sealable plastic bags containing a total of 99 pellets.  A further six transparent re-sealable plastic bags containing a total of 150 pellets were found from the right pocket.  The heroin was contained in these 249 pellets.  Also found on the defendant was the sum of $3,216 and a mobile phone.

3.  Under caution the defendant said he was unemployed and helped deliver heroin for extra income.  In a video recorded interview the defendant said he would receive a reward of $900-$1,200 per delivery.   

4.  In passing sentence I have carefully considered everything said on behalf of the defendant by Mr Mui, in particular because of the heavy financial burden in looking after his family when no longer able to work due to lung disease the defendant became involved in delivering drugs.  In this regard it is important to note the defendant had never been in trouble with the police before.  I also take into account the letter written by the defendant’s wife asking for leniency so the defendant can look after his two young daughters.   

5.  In R v Lau Tak Ming[1990] 2 HKLR 370 the Court of Appeal laid down guidelines for trafficking in heroin.  The court said that the sentence upon conviction after trial where the quantity of narcotic is between 10 and 50 grammes falls within the range of 5-8 years.  

6.  Taking into account the defendant’s clear record and all the circumstances I am satisfied the proper starting point after trial for 23.75 grammes of heroin is 5 years and 6 months imprisonment. 

7.  Giving the defendant full credit for his plea of guilty he is convicted and sentenced to 3 years and 8 months imprisonment.