HKSAR v. FANG CHUN

HCCC415/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 415 OF 2009

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: The defendant, Fang Chun, pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134, before a magistrate, and is committed to the Court of First Instance for sentence.

  The facts disclose that the police conducted an anti‑narcotics operation at Kwong Yuen Estate and paid attention to a private car with the registration mark NU 9995. The police spotted the car parked outside a market, and the defendant was seen getting out of the car, holding a plastic bag. The defendant appeared to be nervous, and kept looking around as he walked.

  The defendant was intercepted by the police, and a subsequent search revealed five packets of suspected dangerous drugs inside the plastic bag carried by the defendant.

  The defendant was arrested for trafficking in a dangerous drug. Under caution, the defendant said it was “Ice” inside the bag, and he was given the “Ice” earlier by someone.

  Later, at the police station, the defendant was further interviewed under caution on video. The defendant admitted being a courier of drugs for a reward of $1,500. He had not yet received the reward.

  The suspected dangerous drug was examined by the Government Chemist and found to be 136.99 grammes of a crystalline solid containing 134.10 grammes of methamphetamine hydrochloride; that is, “Ice”.

  The street value was estimated to be around HK$90,000.

  The defendant is a 35-year-old man with a string of record. He appeared in court 13 times and had a total of 17 previous convictions. The previous convictions include robberies, theft, assault or wounding, and drug-related offences. For an offence of trafficking in dangerous drugs in 2004, the defendant was sentenced to 32 months' imprisonment in the District Court.

  Mr Laskey, counsel on behalf of the defendant, in his mitigation told the court that the defendant is very realistic about what had happened. He realised he was caught red-handed. He did not put up any fanciful defence. He co-operated with the police right at the beginning and pleaded guilty at the Magistrates’ Court at the first opportunity.

  The defendant is also very realistic about what he had to face, and realised that there is not very much he could really put forward in mitigation. The defendant nevertheless has written me a letter, enclosing a photograph of his young son.

  I of course fully appreciate how the defendant must have felt now that he found himself in the present situation. I certainly hope the defendant would keep his promise listed in the letter; that is, he would teach his son not to do what he had done. But very rightly, this is not really any specific ground to reduce the sentence.

  In the case of Attorney-General v Ching Kwok Hung [1991] 2HKLR 125, the Court of Appeal set down sentencing guidelines for the trafficking of “Ice”. For the trafficking of between 70 to 300 grammes of “Ice”, the starting point is in the region or range of 10 to 14 years. The trafficking of 134.10 grammes of “Ice” falls into this band.

  Not only that the defendant is not a first offender; he already had previous conviction of possession and also trafficking in dangerous drugs.

  Having considered all the circumstances of the case and the defendant's background, I am of the view that 12 years is the appropriate starting point.

  The defendant had pleaded guilty at the first available opportunity. I will give him the full one-third discount. There are no further grounds to reduce the sentence.

  So for the present offence, the defendant is sentenced to 8 years' imprisonment.