HKSAR v. CHEUNG SIU PAK

DCCC177/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 177 OF 2009

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

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

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

Reasons for Sentence

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

1.  Defendant, you pleaded guilty to a single offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.

2.  The brief facts are as follows.  At 7.15 pm on 7 January last, PC52369 (PW1) intercepted you outside No. 123C Tung Choi Street, Mongkok.  A body search revealed a packet of suspected dangerous drugs found in your right pocket of your trousers.  PW1 arrested you and cautioned you.  You replied, “Ah Sir, the white powder was bought for my own consumption.  Buy in bulk and save a few thousand.”  Later analysis by the Government Chemist found this to comprise 27.85 grammes of mixture containing 24.59 grammes of heroin hydrochloride.

3.  The drugs were possessed for the purpose of trafficking.  You admitted these brief facts and I convicted you.  You admitted to five formal previous convictions, one of which related to drugs.  I noted that your convictions were some years ago.

4.  In mitigation and on your behalf, Mr Yeung told me you were 51, married with two children.  Your wife was very supportive and indeed is here today in court.  He told me that your mother is unfortunately in the final stages of terminal cancer in the Mainland.  Mr Yeung told me that you had bought the drugs for some $12,000.  You had been allowed $3,000 credit by the supplier and had borrowed $5,000 from your drug-addicted friends.  He said that the drugs were mainly for your own consumption but a condition of the loan was a promise that you would supply to your friends dangerous drugs on demand.  Your plea of guilty acknowledged this intention.  I was told that you had been addicted for some 20 years.

5.  I was asked to allow you the full discount in view of your plea of guilty and in view of the fact that most of the drugs were for your consumption to take a starting point at the lower end of the scale.

6.  Trafficking in dangerous drugs is always a serious matter.  It is a matter that always attracts an immediate and substantial period of imprisonment.  I accept what has been advanced on your behalf by Mr Yeung.  Even though today was the date that the matter was set down for trial, I still resolved that you should have the full one-third discount for your plea of guilty.  I accept also that the drugs were largely for your own consumption with a proportion to be shared.

7.  I noted that the tariff relating to this amount of heroin, being 24.59 grammes, is some 5 to 8 years for trafficking.  That tariff is based on the range of 10 grammes to 50 grammes.  As I have said, in accepting what was said on your behalf, I decided to take a lower starting point than I would normally have taken.

8.  The starting point I took was some 69 months, being 5 years and 9 months.  You will receive one-third discount.  That means you will serve 46 months and that according to my calculations is 3 years and 10 months.