HKSAR v. YU WING KEUNG

DCCC1313/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.1313 OF 2010

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Reasons for Sentence

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The defendant was charge with Trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

The defendant pleaded guilty and admitted the facts, he is convicted accordingly.

Facts

Around 6:30am on 6 October 2010, during an anti-dangerous drugs operation in the vicinity outside Room 503, 5^th Floor, Tsui Tin House, Pak Tin Estate, Shek Kip Mei, Kowloon, the defendant was stopped and searched.

Upon the search, the following were found in the right front pocket of his trousers:

• 60 packets containing a total of 10.79 grammes of a mixture containing a total of 8.14 grammes of heroin hydrochloride; and
• 35 tablets containing 0.48 grammes of midazolam.

Under caution, the defendant admitted that he was to deliver the abovementioned dangerous drugs to someone at Block 21 of Shek Kip Mei Estate for $500 but he had not received the money yet. At the time of arrest, the defendant had cash $2,005 in his possession.

The substantial part of the offence is in relation to heroin, I refer to the tariff in Lau Tak-ming [1990] HKLR 370 that up to 10 grammes of narcotic the range is 2 to 5 years, apart from the heroin, there are 35 tablets containing 0.48 grammes of midazolam, after consideration, I considered the appropriate starting point to be one of 51 months.

Mitigation

The defendant aged 56 divorced and lives alone; he is unemployed and receiving public assistance. The defendant has 38 conviction 17 drugs related, 2 of which is trafficking.

The defendant is entitled to 1/3 discount for his plea, I do not consider there to be any mitigating factors that called for further deduction.

Order

The defendant is sentenced to 34 months imprisonment.