HKSAR v. CHAU KIN LONG

DCCC 113/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 113 OF 2011

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HKSAR
v.
CHAU Kin-long

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Before:

H.H. Judge E. Yip

Date:

15th March 2011 at 10:57 a.m.

Present:

Ms Winsome CHAN, Senior Public Prosecutor, of the Department of Justice, for HKSAR
MrFUNG Sik Yue of M/s. S.Y. Fung assigned by DLA for the Defendant

Offence:

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, heroin. On the evening of 15 December 2010, he was outside LanghamPlace, Mongkok. The police searched him. A plastic bag was found under his armpit. It contained:

(a) 10 packets containing 3.61 grammes of a mixture containing 2.39 grammes of heroin hydrochloride;

(b) 40 packets containing 7.20 grammes of a mixture containing 5.07 grammes of heroin hydrochloride.

2. At the time of the interception, he had swallowed 1 packet of the drugs. That weighed 0.1 gramme. After arrest and caution, headmitted picking up the drugs from shrubbery outside Langham Place for delivery in reward of $500. He had $2,840 on him.

3. The swallowed packet was retrieved from his excrement several days later in Lai Chi Kok Reception Centre. He claimed it was forhis own consumption.

4. The prosecution assessed the street value of the drugs to be $7,658.

Personal background and mitigation put forward

5. The Defendant is now 31 years of age. He is married but has separated from his wife. He is a drug addict. He has only one criminalrecord for trafficking, among many simple possession records.

Sentencing guidelines

6. In The Queen v Lau Tak Ming [1990] 2 HKLR 370, the Court of Appeal had laid down guidelines for traffickers in heroin hydrochloride. For up to 10 grammes, the sentence shallbe 2 – 5 years.

Sentencing thisDefendant

7. The Defendant was a courier for reward. I take a starting point of 4 years. There are no mitigating factors except the plea ofguilty. Knocking off the one-third discount, the sentence is 2 years and 8 months.

( E. Yip )
District Judge