|
HCCC 389/2015
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 389 OF 2015
-----------------
------------------
| Date: |
18 December 2015 at 10.07 am |
| Present: |
Miss Claudia Ng, PP of the Department of Justice, for
HKSAR
|
|
Miss Carol Fung, instructed by Wong & Co, assigned by
DLA, for the accused
|
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
---------------------------------
Transcript of the Audio Recording
of the Sentence in the above Case
---------------------------------
COURT: The defendant pleaded guilty to one charge of
trafficking in a dangerous drug, contrary to section 4(1)(a) and
(3) of the Dangerous Drugs Ordinance, Cap 134.
She was intercepted by a Customs officer at the Customs Arrival Hall, Lok Ma Chau Spur Line Control Point, and in the nylon bag that she was carrying, eight packets of ketamine were found kept in two black plastic bags wrapped in a jacket. She admitted that she helped someone to deliver the drugs to Hong Kong in return for HK$3,000 because she was in debt. Upon analysis, it was found the drugs were 1.96 kilogrammes of a powder containing 1.51 kilogrammes of ketamine.
The retail value of the ketamine was about $235,000.
By way of mitigation I was told that the defendant is now aged 22, but 21 at the time of the offence. She has no previous convictions. She completed Form four and joined the workforce in 2012. Later, she and her boyfriend set up their own logistics company, but in 2015 the business encountered cash flow problems. She had borrowed money from various institutions and owed a debt up to $30,000 to $40,000. She has foolishly committed the present offence to earn some quick money and now she regrets her stupidity which places her in the present predicament. She shows her remorse by pleading guilty at the earliest possible instance.
In sentencing the defendant I have considered her guilty plea, mitigation forwarded by counsel and the existing tariff for trafficking in ketamine. I have also perused letters in mitigation written by the defendant and her parents. I do bear in mind her clear record. However, when it comes to trafficking offences, unblemished record and financial or even family circumstances play little or no part and do not constitute any extraneous circumstances which calls for discounts extra to that attracted by a guilty plea.
For trafficking in ketamine weighing over 1,000 grammes, that is one kilogramme, a starting point of 14 years upwards is to be adopted.
Here, there is a cross-border factor which marks its aggravation. I have referred myself to the following cases which all involve cross-border factor:
(1) Tam Gary HCCC 101/2010, involving 1.35 kilogrammes of ketamine, a starting point of 15 years plus one year enhancement for cross‑border factor.
(2) Tsui Chi Wah HCCC 14/2010, involving 1.69 kilogrammes of ketamine, a starting point of 15 years, plus one year enhancement for the cross-border factor.
(3) Cheng Lun Hung HCCC 169/2010, involving 1.36 kilogrammes of ketamine, a starting point of 15 years plus 6 months’ enhancement.
The amount of drugs involved in the present case being 1.51 kilogrammes of ketamine falls within the range of those cases.
I adopt a starting point of 15 years’ imprisonment and enhance it by one year to reflect the cross-border factor. The defendant is entitled to a one-third discount for her guilty plea and she is sentenced to 10 years and 8 months.
|