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HCCC 362/2017
[2018] HKCFI 439
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 362 OF 2017
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| Date: |
8 February 2018 at 11.33 am |
| Present: |
Mr Bobby Cheung, SPP of the Department of Justice, for HKSAR |
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Mr Anthony James Sherry, instructed by Lo, Chan &
Leung, assigned by DLA, for the accused |
| Offence: |
Trafficking in dangerous drugs (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 pleaded guilty to trafficking in 28.12 grammes of ‘Ice’ and 3.53 grammes of cocaine on 25 September 2017, at Eastern Magistrates Court. It was committed to this court for sentence.
At the small hours on 10 December 2016, police officers intercepted the defendant outside Ground Floor, No 385 Nathan Road for inquiry. The defendant was standing by the side of a car. The officers searched the defendant and found a plastic bag containing ‘Ice’ tucked at his jeans. The officers searched the car and found from the storage box 11 plastic bags containing ‘Ice’ and two plastic bags containing cocaine. The defendant admitted under caution that he bought the drugs at $28,000 for his own consumption. It was sufficient for one month. He borrowed the car from a friend.
The defendant is 43. He is married with two daughters. He has six previous convictions, four of which were possession of a dangerous drug. He received education up to secondary level. He was a renovation worker at the time of the arrest. He was a triad member.
For the 28.12 grammes of ‘Ice’, according to the tariff set out in Tam Yi Chun, the starting point should be in imprisonment for 8 years and 3 months. For the 3.53 grammes of cocaine, according to Lau Tak Ming, the starting point should be imprisonment for 3 years.
In sentencing trafficking of more than one type of dangerous drugs. I adopt the approach in HKSAR v Wong Tin Kau CACC 269/2009. In arriving at the combined starting point, I have considered the following. Trafficking in 3.53 grammes of cocaine warrants an imprisonment for 3 years. It would be roughly equivalent to the criminality of trafficking in about 1 gramme of ‘Ice’. I add this notational 1 gramme of ‘Ice’ to the 28.12 grammes of ‘Ice’ found from the defendant. The total is 29.12 grammes of ‘Ice’. The defendant is sentenced on the basis of trafficking this equivalent amount of ‘Ice’. For 29.12 grammes of ‘Ice’, the starting point should be 8 years and 4 months’ imprisonment.
The defendant claimed that he consumed about one-third of the drugs in this case. I accept that the defendant is addict given his criminal record and his admission under caution. For the self-consumption factor, I adopt the approach in HKSAR v Chow Chun Sang, I lower the starting point by 10 per cent. The adjusted starting point is 7 years and 6 months’ imprisonment. Having considered the quantity of drugs and the mitigation, I deduct 2 years and 6 months for his plea.
I sentence the defendant to imprisonment for 5 years. This sentence is to run consecutive to his serving term.
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