HKSAR v. LAI CHECK HONG (also known as LAI CHAK HONG)

DCCC 1075/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1075 OF 2015

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REASONS FOR SENTENCE

The defendant pleaded guilty to a charge of "Trafficking in dangerous drugs". The dangerous drugs involved are heroin and a negligible quantity of midazolam.

Summary of Facts

2.  About 12:30 a.m. on 5 October 2015, 2 police officers stopped the defendant outside Mei Ying House, Shek Kep Mei Estate for enquiry.

3.  Upon search, the following items were found in the bag carried by the defendant :-

(i) 40 packets (consisting of plastic wrappings) which contained a total of 11.50 grammes of a mixture containing 7.44 grammes of heroin hydrochloride;

(ii) 40 packets (consisting of plastic wrappings) which contained a total of 7.53 grammes of a mixture containing 5.16 grammes of heroin hydrochloride; and

(iii) 4 foilpacks which contained a total of 40 tablets containing 0.51 gramme of midazolam.

4.  Under caution, the defendant admitted carrying the "Pak Fun" and "Lam Zai" for others and would receive $500 each time.  In his video recorded interview, he claimed, inter alia, that he was a heroin addict 10 years ago, but has quit now. 

Mitigation & Sentence

5.  The defendant is now 60 and has 23 conviction records, which included 2 "trafficking" offences[1] and numerous "simple possession" offences.  Defence counsel Ms. YIU informed me that the defendant is married with no children.  He used to be a hawker selling electronic appliances.  In 1990, he injured his leg in an accident and lost 50% of his earning capacity.  He receives a disability allowance each month.

6.  In mitigation, Ms. YIU submitted that the defendant was a little confused during his video recorded interview. He was in fact a heroin addict at the time of the offence.  He intended to consume a quarter of the heroin found on him.  Medical reports showing the defendant's addiction were placed before me; their contents are duly noted.

7.  Drug abuse has always been a problem in our society, and the HKSAR is determined to fight the battle against drugs in all aspects.  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment, so that there is a deterrent effect.

8.  The quantity of midazolam involved in the present case was so negligible that I am prepared to disregard it for the purpose of sentencing.  I will sentence the defendant based on the quantity of heroin.

9.  The Court of Appeal has laid down clear sentencing guidelines for trafficking in heroin (see The Queen v LAU Tak-ming & others [1990] 2 HKLR 370).  For 10 to 50 grammes, the sentence ranges from 5 to 8 years' imprisonment.  The defendant trafficked in 12.60 grammes of heroin, the appropriate starting point is 5 years.

10.  Regarding the claim for self-consumption, I have reminded myself of the relevant sentencing principles[2]. There is sufficient evidence to show that the defendant was a drug user at the time of arrest.  On the other hand, the packaging of the heroin found clearly facilitates trafficking.  I am prepared to reduce the sentence to 54 months[3] to reflect the discount for self-consumption.

11.  Finally, a one-third discount is given for the guilty plea, reducing the sentence further to 36 months. Apart from this, I see no other mitigating factors which warrant any further reduction.   I sentence the defendant to 36 months' imprisonment.