HKSAR v. LAM SUI TAN

DCCC 1150/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1150 OF 2016

-------------------------

-------------------------

-----------------------------------------

REASONS FOR SENTENCE

-----------------------------------------

Charges

1.  The defendant pleaded guilty to a single charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134 of the Laws of Hong Kong.  Particulars of the charge are: the defendant on the 30th day of September, 2016, outside Tai Pei Tau Rest Garden, Yuen Long, New Territories, in Hong Kong, unlawfully trafficked in a dangerous drug, namely, 11.74 grammes of a mixture containing 7.5 grammes of heroin hydrochloride.

Fact

2.  As a matter of fact, in the afternoon on that day, the defendant was sitting on a bench outside the garden.  Police officers in patrol came to her, searched and found in her shoulder bag 74 small packets of dangerous drugs.  The type and weight of the drugs are stated in the above particulars.

Mitigation

3.  Defendant is 46 years old, she is single.  She was unemployed at the time of arrest and had to live on public assistance.  She has 19 previous convictions, among them are three possessions of dangerous drugs and one trafficking in it.  She has been to prison on a number of occasions. 

Consideration

4.  According to the sentencing tariff Lau Tak Ming [1990] 2 HKLR 370, trafficking in heroin of up to 10 grammes results in 2 to 5 years’ imprisonment.  7.5 grammes therefore results in approximately 4 years’ imprisonment. 

5.  Having considered all mitigation, this court adopts 4 years imprisonment as the starting point which is 48 months.  The defendant indicated to plead guilty at the first opportunity, and she eventually did it in front of me. One-third guilty-plea discount is to be afforded to her.  This court therefore orders her to serve an imprisonment of 32 months.