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DCCC 17/2014
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 17 OF 2014
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| Before: |
HH Judge C P Pang |
| Date: |
17 February 2014 at 11.34 am |
| Present: |
Ms Lily Yip, PP of the Department of Justice, for HKSAR |
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Mr Ho Wing-hong Howard, of Ellen Au & Co, assigned by the Director of Legal Aid, for the defendant |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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Reasons for Sentence
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1. The defendant pleads guilty to one charge of trafficking in dangerous drugs.
2. The facts can be briefly summarised as follows.
3. At around 12.30 pm on 14 October 2013, when the defendant was leaving his residence at Tai Po, he was intercepted by police officers laying ambush there.
4. Upon a body search, a metal box was found on him.
5. A total of 7.37 grammes of a crystalline solid containing 7.17 grammes of methamphetamine hydrochloride were found in the metal box.
6. Under caution, the defendant admitted that it was “Ice” and that he intended to sell the drugs to others to earn money.
7. The drugs had an estimated street value of HK$6,390.
8. The defendant has 21 previous convictions, involving one conviction for trafficking in dangerous drugs and some related to possession of dangerous drugs.
9. In mitigation, Mr Ho the defendant’s solicitor tells the court that the defendant was working as a decoration worker earning $8,000 a month prior to the commission of the offence. His girlfriend suffered foot injury and needed money for treatment.
10. Three mitigation letters are submitted to the court.
11. Mr Ho says the defendant admitted trafficking at the scene. He asks the court for leniency.
12. Trafficking in dangerous drugs is a very serious offence. The Court of Appeal has laid down sentencing guidelines for trafficking of “Ice” in the AG v Ching Kwok Hung [1991] 2 HKLR 125. For trafficking of “Ice” up to 10 grammes, the imprisonment band is 3 to 7 years.
13. The quantity of “Ice” in this case is 7.17 grammes.
14. I take 5 years’ imprisonment as the starting point.
15. I have considered the mitigation letters submitted to the court. Nothing in the letters can be mitigating factors to reduce the sentence.
16. The only mitigating factor in this case is the defendant’s plea of guilty, for which he will get one-third reduction of the sentence.
17. The defendant is, therefore, sentenced to 40 months’ imprisonment.
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(C.P. Pang) |
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District Judge |
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