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HCCC 105/2019
[2019] HKCFI 2006
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 105 OF 2019
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| Date: |
22 July 2019 at 10.26 am |
| Present: |
Ms Catherine Ko, SADPP of the Department of Justice,
for HKSAR |
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Mr Wong Po-wing, instructed by Tse Yuen Ting
Wong, for the accused |
| Offence: |
(1) & (2) 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:
The defendant had pleaded guilty in the Magistrates’ Court to the 1st count of trafficking in a dangerous drug, namely, 111 grammes of a mixture containing 91.1 grammes of heroin hydrochloride. He had also pleaded guilty to the 2nd count of trafficking in a dangerous drug, namely, 195 grammes of a mixture containing 162 grammes of heroin hydrochloride.
The facts are not difficult to follow. In the afternoon of 22 May last year, the defendant was intercepted on the staircase in Man On Building in Sham Shui Po. And upon a search, the drugs, which is the subject matter of Count 1, was found in his black handbag contained in four plastic bags. The police then executed the search warrant for his premises and in the defendant’s trouser pocket were found keys to the said premises. On a wooden table in the living room of such premises were found the drugs which is the subject matter of Count 2. Also found were empty plastic bags, scissors, a lighter and two electronic scales. The defendant was found to be the tenant of the premises.
The estimated retail value of the seized drugs amounted to about HK$231,839.
In mitigation, Mr Wong has put forward the background of the defendant. He is aged 38 and was living with his parents and siblings in a public housing estate. He was working in a finance company till 2017 when he suffered a stroke and became unemployable at the company. He had debts of over $100,000. The defendant does have a criminal record but it is for offences which have nothing to do with drugs. His parents and siblings have written letters in support of the defendant, testifying to his filial nature and good character, and that he did perform voluntary work in the intervening years.
However, drug trafficking is a very serious offence whatever the reason for it because the harm it does to our society is immeasurable, particularly when it is dispersed to the younger people in nightclubs and discos or wherever they gather now at night. So the Court of Appeal has laid down guidelines for trafficking in dangerous drugs. And as Mr Wong has correctly identified, for heroin trafficking the guidelines have been laid down in Lau Tak Ming [1990] 2 HKLR 370 that for trafficking in between 200 to 400 grammes would merit a starting-point sentence after trial of 12 to 15 years.
The total amount of drugs in both counts amounts to 253 grammes which would merit a starting-point sentence of about 12 to 12½ years. So therefore, having considered the facts in this case and the background of the defendant, I will sentence in the following way.
In Charge 1, the starting-point sentence will be 9 years’ imprisonment reduced to 6 years because of his plea. On Charge 2, the starting-point sentence will be 11 years reduced to 7 years 4 months because of his plea. Now, I have to consider the totality principle, and so the sentence is that on the 1st count, the defendant is sentenced to 6 years’ imprisonment. The 2nd count, 7 years 4 months, 2 years 4 months will be consecutive, and 5 years will be concurrent to the 1st count. So the defendant will go to prison for a total of 8 years and 4 months.
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