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HCCC305/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 305 OF 2009
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| Before: |
Mr Recorder L Lok SC |
| Date: |
26 November 2009 at 9.50 am |
| Present: |
Mr P J Power, SPP of the Department of Justice, for HKSAR
Miss Fung Sheung-kit, Carol, instructed by Messrs Cheung & Yip, 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: You have pleaded guilty before me this morning to a charge of trafficking in a dangerous drug.
The quantity of the drugs amount to 86.61 grammes of heroin hydrochloride.
The facts are simple, and you have admitted them. I do not propose to go through the facts again. Suffice it to say that you were suspected to have concealed dangerous drugs inside your body whilst you were intercepted by police officers at the Lok Ma Chau Border Control Point.
You were then taken to hospital, because a previous x‑ray examination revealed the presence of some foreign body in your rectal sigmoid region. That took place on 15 May. On 18 May you were detained in hospital. When I refer to 15 May, I refer to the date of your arrest.
After you were detained in hospital, you discharged a plastic bag containing suspected dangerous drugs from your body. The plastic bag discharged by you was found to contain a packet. The packet contained one packet containing a mixture and six plastic bags, two each further containing one plastic bag each containing a mixture.
The mixtures weighed 125.94 grammes, which were found to contain 86.61 grammes of heroin hydrochloride.
From the amended Summary of Facts, I am now told the retail value at the relevant time of the drugs was HK$101,255.
In the leading sentencing authority of Lau Tak Ming, for quantities between 50 to 200 grammes, a sentence of 8 to 12 years is called for.
This morning, Miss Fung, who mitigated on your behalf, told me that you were in financial difficulty because for some reason, Social Security stopped, and the reward that was promised to you was for a meagre sum of 1,300. In a case of this sort, not a lot can be said on your behalf. Personal hardship cannot be said to amount to meaningful mitigation. However, on 4 September 2009 in the Eastern Magistracy, you had indicated that you were going to plead guilty, and I am told that you had pleaded guilty at the committal proceedings.
All in all, I think I will adopt a starting point of 9 years. Because of your very early plea, the usual one‑third discount must be given to you.
I therefore sentence you to 6 years’ imprisonment.
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