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HCCC 191/2015
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 191 OF 2015
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| Before: |
Deputy High Court JudgeS D’Almada Remedios |
| Date: |
8 July 2015 at 10.10 am |
| Present: |
Ms Grace Chan, SPP of the Department of Justice, for
HKSAR |
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Mr Philip K C Chau, instructed by the Legal Aid
Department, for the defendant |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: Defendant, you have pleaded guilty to a charge of
trafficking in dangerous drugscontrary to section (4)(1)(a) and (3) of the Dangerous Drugs Ordinance.
You admitted that on 23 October 2014 at the concourse of Lo Wu Terminal, New Territories, you unlawfully trafficked in 389 grammes of a crystalline solid containing 355 grammes of methamphetamine hydrochloride, otherwise commonly known as ‘Ice’.
On that day in question you were seen coming out from the Customs inspection area at the Arrival Hall of Lo Wu Terminal at about 11 am. You were intercepted by police officers and taken for a search.
Upon the search of the bag you were carrying, the drugs were found within it. Apart from the drugs nine resealable plastic bags were found. You were arrested for trafficking in the dangerous drugs and immediately admitted that you had brought these drugs to Hong Kong from Shenzhen and that you would be paid $2,000.
The Immigration movement records show that you left Hong Kong to the Mainland approximately an hour prior to you returning to Hong Kong.
Your counsel, Mr Philip Chau, has mitigated fully and thoroughly on your behalf and I have taken into account what he has had to say.
You are 27 years of age and born in Hong Kong. You have two previous criminal convictions none of which are similar or related. They were both committed on the same date on 18 March 2014 for unlawful possession of dutiable goods to which you were given 2 months’ imprisonment suspended for 12 months, and another charge of failing to declare to a member of the Customs and Excise and you were fined $500.
You have attained lower secondary education, that is up to Form 3. Mr Chau has informed me that since the age of 17 you have been employed generally in the restaurant business as a cashier or waitress. You became unemployed about a month before your arrest. Prior to that time you were earning $9,000 a month.
Mr Chau frankly concedes that you committed this offence in order to earn some money. You were promised $2,000 if you were successful in this delivery, but of course you were not.
I am sure that you now realise that earning quick fast money in this way is almost always illicit or illegal. I believe seeing your previous convictions you would know that bringing some goods to Hong Kong without declaring them is illegal and is a serious matter.
Mr Chau is correct to inform this court that the new guidelines for ‘Ice’ are effective for this case, and those are laid down by the Court of Appeal in the case of Tam Yi Chun CACC 524/2011.
The quantity of drugs that you had trafficked and brought into Hong Kong falls in the fourth category, that is between 300 and 600 grammes, a sentence with a starting point of 15 to 20 years’ imprisonment had you been convicted after trial would be appropriate.
Defendant, given the quantity of drugs that you had trafficked into Hong Kong had you been convicted after trial, I would have taken a starting point of 15 years and 6 months’ imprisonment.
There is an aggravating factor in this case and that starting point should be enhanced as there was an international element involved in that you brought these drugs from China into Hong Kong.
The case of HKSAR v Chung Ping Kun CACC 85/2011 lays down broad guidelines for the level of enhancement for this international element of amounts below 1,000 grammes.
In the present case I enhance that starting point by 9 months’ imprisonment. Therefore, the sentencing point, had you been convicted after trial is one of 16 years and 3 months’ imprisonment.
However, you have pleaded guilty, this is your strongest mitigating factor and that warrants the full one-third discount. The resulting sentence will therefore be one of 10 years and 10 months’ imprisonment.
Defendant, you have committed this offence whilst you were under a suspended sentence, this offence is separate and distinct and as a result of that, the suspended sentence shall be activated. Therefore, the term of 2 months’ imprisonment that you had received in March 2014 shall run consecutive to the present term, which makes a total term of imprisonment of 11 years.
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