HKSAR v. LEUNG KWOK WING

DCCC1026/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1026 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to an amended charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134, Laws of Hong Kong, the particulars being that you on 13 June of last year at the junction of Shanghai Street and Market Street, Yau Ma Tei, trafficked in 7.87 grammes of a mixture containing 5.61 grammes of heroin hydrochloride.

2.  The summary of facts, which you have agreed, are quite straightforward and establish that on the date in question you were intercepted by police as you were observed to be sweating.  You were searched and 29 packets of suspected dangerous drugs were found in your mouth.  You were arrested and cautioned and under caution told the police that you sold white powder as you had no money and no job.

3.  Some days later on 16 June when you were in custody, a further 13 packets of suspected dangerous drugs were found in your excrement and the following day early in the morning a Correctional Services Department officer found a further four packets of suspected dangerous drugs in your mouth which you had recovered from your excrement.

4.  You are 42 years of age, a drug-dependant for some years now and you have a number of previous criminal convictions, four of which are drug-related and I note particularly that you received a sentence of 2 years’ imprisonment in 2004 for a similar offence of trafficking in dangerous drugs.  The only real mitigation in this case is your plea of guilty and I will in sentencing you give you due credit for that. 

5.  The sentencing guidelines contained in R v Lau Tak Ming & Others [1992] HKLR 370 determined that for trafficking in heroin in up to 10 grammes attract a starting point of between 2 and 5 years’ imprisonment.  In this case the court is dealing with 5.61 grammes of narcotic.  Accordingly, I take as my starting point a sentence of 3 years’ imprisonment.  I shall discount that by one-third arriving at a sentence of 2 years’ imprisonment.