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HCCC317/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 317 OF 2009
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| Before: |
Mr Recorder L Lok SC in Court |
| Date: |
27 November 2009 at 10.13 am |
| Present: |
Ms Rosaline S Y Leung, SPP of the Department of Justice, for HKSAR
Mr Victor Luk, instructed by Messrs Deca Lin & Partners, 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: This is the most difficult part of the plea and sentence, is the adoption of a starting point.
Defendant, you have pleaded guilty before me to two charges of trafficking in dangerous drugs. I am aware that of course previously you have pleaded guilty to the two charges at the magistracy. It has, perhaps, been explained to you that an early timely plea will entitle you to a one-third reduction, and I shall bear that in mind when I eventually pass a sentence.
The facts of this case, so far as they are relevant to a sentence, are quite simple. On the evening of 13 March 2009 you were stopped and intercepted by a group of police officers. Upon search, PW1 found one plastic bag of ketamine in the right front pocket of your jacket. Cash of HK$1,390 was also found on you. I will not draw any adverse inference for the possession of cash.
You were then taken to your home at Room 2613, 26th Floor, Yam Heng House, for a search. On the upper bunk bed occupied by you, in the living room of the premises, the police found one red cloth bag containing seven resealable plastic bags of ketamine, one Marlboro cigarette box containing two small resealable plastic bags of ketamine, three piles of resealable plastic bags and one electronic scale. The number of resealable plastic bags and the presence of the electronic scale suggests very strongly that you engaged in actual trafficking, and they support your guilty plea.
I will not repeat the quantity of the drugs as they are clearly set out in the two charges, suffice it to say that the estimated retail value of the seized drug was in the region of $26,042.
This morning I am told that before your arrest you were a casual delivery worker. You have a number of convictions, four of which are drugs related. But I agree with your learned counsel, Mr Luk, that from the way in which you were dealt with on those occasions they do not appear to be very serious offences. It has been said by the higher courts time and again that in offences involving dangerous drugs, particularly of this quantity, very little by way of meaningful mitigation can be urged on your behalf.
In relation to Charge 1, I adopt a starting point of 4½ years. In relation to the 2nd charge, I adopt a starting point of 7 years. As you entered an early timely plea, you are entitled fully to the one-third customary discount. So in relation to Charge 1 you will serve a term of imprisonment of 3 years.
In relation to the 2nd charge you will serve a term of imprisonment of 4 years and 8 months.
Both offences occur on the same day, within close proximity of one another. I think in these circumstances the one transaction rule will apply, and I order both sentences to run concurrently.
You will, in other words, serve a sentence of 4 years and 8 months.
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