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HCCC 439/2012
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 439 OF 2012
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HKSAR |
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Lui Kam-sing |
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| Date: |
25 January 2013 at 9.43 am |
| Present: |
Miss Lily Wong, SPP(Ag) of the Department of Justice, for HKSAR |
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Mr Richard Leung, instructed by Jack Fong & Co, assigned by the Director of Legal Aid, for the accused |
| 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: The defendant pleads guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.
He was stopped and searched by police officers at the road junction as particulars in the Particulars of Offence in the charge. He was found to be in possession of a number of resealable plastic bags of “Ice”. He subsequently admitted that he was delivering the drugs to another person in order to earn a reward of $2,000.
Upon analysis, the drugs were found to be 42.98 grammes of a crystalline solid containing 40.89 grammes of methamphetamine hydrochloride.
The estimated retail value of the drugs was in the region of HK$31,000.
The defendant is now aged 51. He has five previous convictions. The last one related to possession of dangerous drugs for which he was sentenced to 12 months’ imprisonment back in 1995.
It is advanced on his behalf that he has lived a law-abiding life since 1995 and he committed the present offence because he succumbed to persuasion by a female acquaintance to earn quick money to feed his own addiction. It is submitted that his frank admission to the police and his guilty plea in the first instance in court shows his remorse.
It is urged on his behalf for the court to adopt a lenient starting point in order to enable him to be released as soon as possible to live his life with his family.
In sentencing the defendant I have taken into account the nature of the offence, the kind of drugs involved in the present case, the sentencing tariff as well as mitigation advanced by counsel, and I do not overlook the fact that he has pleaded guilty.
For trafficking between 10 to 70 grammes of “Ice” according to the tariff laid down in the case of Ching Kwok Hung the starting point is between 7 to 10 years’ imprisonment.
Here the narcotics contents being slightly more than 40 grammes I consider an appropriate starting point to be 8½ years. He is entitled to the full one-third discount for his guilty plea and he is sentenced to 68 months’ imprisonment, that is 5 years and 8 months.
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