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HCCC 1/2015
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 1 OF 2015
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| Before: |
Deputy High Court Judge S D’Almada Remedios |
| Date: |
27 November 2015 at 3.02 pm |
| Present: |
Mr Edward Laskey, on fiat, for HKSAR |
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Mr Leslie J Parry, instructed by Fung Law & Ng,assigned by D.L.A for the accused
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| Offence: |
(1) Trafficking in a dangerous drug (販運危險藥物) |
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(2) (alternative to the First Count) Person in charge
permitting premises to be used for the unlawful
storage of a dangerous drug (管理人准許處所作非法儲存危險藥物之用)
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: Defendant, the jury after trial have found you guilty of
the alternative charge, that is the 2nd charge, of a person in
charge permitting premises to be used for the unlawful storage of a
dangerous drug, contrary to section 37(1)(a) and (2) of the
Dangerous Drugs Ordinance.
On 5 September 2013, you had unlawfully stored 20.05 grammes of a crystalline solid containing 19.58 grammes of methamphetamine hydrochloride. Methamphetamine hydrochloride is commonly known as ‘Ice’.
You are 40 years of age, but at the time of the offence you were 38. You are married with two children. You have seven(sic) previous convictions, three of those convictions are related to dangerous drugs. Those convictions are for possession of dangerous drugs to which you were sentenced to probation in 1996; 3 months’ imprisonment suspended for 12 months and fined $1,500 in 1997; and in 2009 you were sentenced to imprisonment for 4 months. I should just state and correct myself that at the date of the commission of this offence you had six previous convictions, not seven.
After your arrest for the present offence you absconded and it was not until January this year that you were sentenced for failing to surrender to custody for 4 weeks’ imprisonment. You have no similar previous convictions.
Mr Parry was correct to refer me to the case of HKSAR v Ho Wing To CACC 264/2010. I have had reference to that case and what the Court of Appeal has said. The present offence to which the jury found you guilty carries a maximum sentence of 15 years’ imprisonment upon conviction on indictment.
It was pointed out in the case of R v Lee Kwok Keung CACC 595/1996 that the offence is one which varies greatly in its gravity and is not an offence for which this court could ever lay down any useful guidelines. However, the extent of your knowledge and involvement as an accused person together with the amount of financial benefit, if any, are important considerations. According to the tariff, if you have been found guilty of trafficking in this quantity of ‘Ice’ after trial, a sentence of 7½ years would have been appropriate.
In this case, the jury have found that you were the person in charge, ie, from the evidence that it is clear that you were the person paying the rent and were there on a regular basis meeting the landlady. There is no evidence that you received any amount of financial benefit, but it must be noted at the time you were on CSSA.
In sentencing you for this offence as each case turns on its own facts, the relevant facts for me to consider here is that you were a person in charge and permitted the storage of those unlawful drugs which were 19.58 grammes of ‘Ice’.
In the circumstances of this offence, defendant, I sentence you to 3½ years’ imprisonment - 3 years and 6 months’ imprisonment.
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