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HCCC 142/2018
[2018] HKCFI 2298
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 142 OF 2018
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| Before: |
Hon Campbell-Moffat J |
| Date: |
21 September 2018 at 2.36 pm |
| Present: |
Mr Philip Ross, on fiat, for HKSAR |
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Mr Bernard Yuen, instructed by Lau, Chan & Ko, assigned by DLA, 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:
Mr Chung, you were found guilty after trial by jury of one count of trafficking in dangerous drugs. You imported 421 grammes of ‘Ice’ from China on 7 May 2015 by bringing it over the border on a coach.
That ‘Ice’ had a street value of $173,360.
That would of course have seemed like a huge amount of money if you had realised the value of what it was you were carrying that night.
I note from your video-recorded interview and from your antecedents statement that you are 58 years of age. You lived with your girlfriend and her daughter in government housing and you earn just $6,000 per month as a casual worker.
Mr Chung, you are not unknown to the police. You do have a criminal record, but save for one matter which was in 1997, they are not similar to the offence for which I must now sentence you.
This offence took place in May 2015. You were abusing drugs at that time on your own evidence and you would have needed the money to pay for them. No doubt, you would have been rewarded for bringing the drugs into Hong Kong. I assume that is the reason why you did so.
For trafficking in 421 grammes of ‘Ice’ on 7 May 2015, the guideline case is HKSAR v Tam Yi Chun [2014] 3 HKLRD 691. For trafficking in between 300 grammes and 600 grammes of ‘Ice’, the range of sentence, is 15 to 20 years. For trafficking in 421 grammes of ‘Ice’, therefore, the starting point after trial would be 16 years and 9 months.
There is also the aggravating feature of the importation of these drugs from the mainland. In accordance with HKSAR v Abdallah [2009] 2 HKC 197, those who import drugs into Hong Kong should expect a further sentence of between 6 months to 1 year for amounts of dangerous drugs of 250 to 500 grammes. I will therefore enhance your sentence by 10 months. There is no other mitigation that you have sought to put before the court and therefore I am unable to reduce that sentence further.
You will go to prison for 17 years and 7 months.
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