HKSAR v. LO YUEN WAH STANLEY

DCCC1302/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1302 OF 2011

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

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

Reasons for Sentence

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

1.  The defendant has pleaded guilty to two charges: one of trafficking in dangerous drugs and one of possession of equipment fit and intended for the inhalation of dangerous drugs.

2.  The amount of drugs in the first charge is11.61 grammes of heroin and 0.53 grammes of “Ice”.

3.  The facts admitted by the defendant state that just after midday on 23 September 2011, officers intercepted the defendant’s wife who had just come out of this residential flat in Lok Yee Yuen, Chi Lok Fa Yuen.  The officers produced a search warrant and entered the premises.

4.  Whilst they were there, the defendant arrived at the premises.  The officers saw two plastic bottles on the floor in the sitting room.  There was a locked safe on a chair in the sitting room and the defendant was searched, and inside his wallet was found a card which opens the safe.

5.  Inside the safe, the officers found the drugs the subject of the charge, an electronic scale, two pairs of scissors, plastic sheets in different colours, a ledger, an edge of a plastic file, two lighters and some HKJC betting slips.

6.  The defendant was arrested and when he was interviewed later he said that he had bought the heroin for $8,000 and the “Ice” for $900.

7.  The scissors and plastic file had been used to divide the drugs, and the heroin was to be packaged in order to supply them to his friend for $400.  The two plastic bottles which had been found in his premises, he said were for inhaling “Ice” and he said that some of the drugs were for his own consumption.

8.  The defendant has a number of previous convictions,14 in total, three of which are drug-related. On three occasions, he has been sentenced to go to the Drug Addiction Treatment Centres and he is, in fact, in the Drug Addiction Treatment Centre at the moment.

9.  He has a number of other convictions recorded against him.

10.  The defendant is 31 years of age.  He is married, born in Hong Kong and was educated to Form 3 level.

11.  He had worked as a photographer, earning some $7,000 a month until 2006, when he lost his job because of his drug problem.

12.  He has been a drug addict since a young age.

13.  When not in prison or in the DATC, he has worked as a casual welder, but the work has been irregular.

14.  His parents are in their sixties and when he can, he sends money to support them.

15.  His wife works as a boutique saleslady with a lower earnings and the defendant has had to assist with the household expenses.

16.  The defendant’s wife was arrested in connection with this offence and she felt considerable pressure because of the situation in which she found herself and had to receive therapy.

At one time she had considered divorce but has changed her mind and has now forgiven the defendant and wrote a letter in support.

17.  I am told that the defendant intends to enrol himself in an open university whilst in prison in order to better his chances of a career once he leaves prison.

18.  The quantity of drugs in this case puts the sentencing range in relation to the heroin in the bracket of 5 to 8 years’ imprisonment.  Now, the quantity is towards the lower end of that scale.

19.  He was also in possession of a quantity of methamphetamine hydrochloride and he was in possession of equipment for the inhalation of drugs.

20.  I was satisfied that some of the drugs were for his own consumption; he is a drug addict.

21.  So having taken all those features of the case into account, what I have decided to do is to impose a starting point at the lowest end of that scale and I will reduce that sentence by one-third to reflect his guilty plea.

22.  So I intend to impose a sentence of 40 months’ imprisonment on the 1st charge, and on the 2nd charge, 4 months, but I order that to run concurrently, so the total sentence will be 40 months’ imprisonment.