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HCCC 189/2017
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 189 OF 2017
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| Date: |
17 October 2017 at 9.43 am |
| Present: |
Mr Andrew Cheng, SPP of the Department of Justice, for HKSAR |
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Mr Choi Kai-hung Danny, instructed by Ford, Kwan & Co, assigned by DLA, for the accused |
| Offence: |
(1) Trafficking in a dangerous drug (販運危險藥物) |
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(2) Possession of a dangerous drug (管有危險藥物) |
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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 one count of trafficking in a dangerous drug, namely 310.1 grammes of a crystalline solid containing 302.3 grammes of methamphetamine hydrochloride. He has also pleaded guilty to the 2nd charge of possession of a dangerous drug, namely 0.32 grammes of a mixture containing 0.21 grammes of heroin hydrochloride.
The Summary of Facts is not unusual. It is that at about 8.44 pm on 11 November last year, the defendant was intercepted at the Arrival Hall of the Lo Wu Control Point, having arrived from the mainland. Found wrapped around his waist with adhesive tape was seven resealable plastic bags containing the drugs which is the subject matter of Count 1. He was arrested and cautioned and he said the substances were ‘Ice’ and it belonged to him for self-consumption.
A further search, also found a packet containing 0.32 grammes of a mixture containing 0.21 grammes of heroin hydrochloride inside his belt buckle. Again, under caution, he said it was for his own self-consumption and in a video-recorded interview, he claimed that he had both ‘Ice’ and heroin for self-consumption.
The Immigration records showed that he left Hong Kong at around 2 pm on 10 November and returned to Hong Kong on the following night.
The estimated retail value of the ‘Ice’ was $103,884 and the heroin was $225.
The defendant is aged 64 and has 43 previous convictions. He has 20 convictions which are drug related, five for trafficking and 12 for possession. So he is a recidivist and he is, I am told, unemployed and receiving CSSA. The only mitigation I can see is that he had pleaded guilty at the earliest opportunity.
As his counsel, Mr Choi, pointed out, the case of Tam Yi Chun(2014)3 HKLRD 691 has suggested a guideline for trafficking in methamphetamine hydrochloride of between 300 to 600 grammes, would merit a sentence after trial of 15 to 20 years’ imprisonment.
In this case in the 1st charge, for the amount of 302.3, I would consider a starting point of 15 years to be appropriate. And then, I have to consider the enhancement for the international element of bringing the drugs into Hong Kong from the mainland. I would add 6 months more to that starting point, making it 15½ years and giving him the full one-third discount, the sentence would be reduced to 10 years and 4 months. I would accept Mr Choi’s mitigation saying that he may take a little bit from the seven packets for his own consumption as he is addicted to methamphetamine too. So the temptation is there for him to pinch a bit for himself but I do not think it is of any considerable quantity. So from the 10 years and 4 months, I will take away the 4 months to take into account the fact that he may take a bit of the methamphetamine for his own consumption. So that leaves a sentence of 10 years for the 1st count.
As for the 2nd count, I consider an appropriate sentence to be one of 18 months’ imprisonment, reduced by one-third, to 12 months and both sentences will be served concurrently.
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