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DCCC 1156/2009
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1156 OF 2009
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Date:
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23 November 2009 at 10 : 21 am
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Present:
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Ms LEE Patty, SPP, of the Department of Justice, for HKSAR.
Mr TSE Lin Fung Charles, of M/s. Yip Tse & Tang assigned by DLA for Defendant.
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Offence:
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(1) Trafficking in a dangerous drug (販運危險藥物)
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Reasons for Sentence
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Charge and facts
1. The Defendant pleads guilty to trafficking in a dangerous drug, namely 14.18 grammes of a mixture containing 11.03 grammes of heroin hydrochloride.
2. In the evening of 20 August 2009, the police found her furtive in Tung Choi Street, Mongkok. Apparently noticing the police’s attention, she fled. The police stopped her at a rear lane for a body search. Her trouser pocket yielded one packet of white powder, which was the drug in question. After arrest and caution, she said that she delivered the heroin for a reward of $250.
Mitigation put forward
3. She is now 41 years of age, a divorcee. She was a Thai national. She was educated up to P.4 in Thailand. She came to settle down in Hong Kong in 1986. Before arrest, she was a part-time kitchen worker. She committed the present offence to repay a debt owed to her friends. She has one previous conviction, simple possession. She is remorseful for committing the present offence.
Sentencing guidelines for trafficking in heroin
4. The Court of Appeal in The Queen v Lau Tak Ming [1990] 2 HKLR 370 had laid down guidelines for trafficking in heroin whereby a narcotic weight of 10 to 50 grammes shall attract 5 to 8 years’ imprisonment.
5. In the same judgment, it was stated that within the suggested bands, the sentencing judge might properly take into account the following factors:
(1) The profit which, because of adulteration, the place of ultimate sale, or otherwise, may reasonably be expected to be derived from trafficking in the quantities of the dangerous drugs involved;
(2) The number of packets;
(3) The type of mixture containing the narcotic;
(4) The degree of involvement of the offender; and
(5) His previous history of narcotic offences and matters of mitigation which may have been advanced on his behalf.
Sentencing the Defendant
6. The Defendant was a courier. I take a starting point of 5 years. I reduce it by one-third because of her plea of guilty. There are no other mitigating factors. The sentence is 3 years 4 months.
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