HKSAR v. NGUYEN TRONG THINH

HCCC 315/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 315 OF 2014

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: Defendant, you have pleaded guilty to a charge of trafficking in a dangerous drug, contrary to section (4)(1)(a) and (3) of the Dangerous Drugs Ordinance.

You have admitted that on 15 January 2014 at Lai Chi Kok Road, Mong Kok, you unlawfully trafficked in 0.69 kilograms of a powder containing 0.56 kilograms of heroin hydrochloride.

On 15 January, you were intercepted by police officers on Lai Chi Kok Road at about 12.50 pm. A search of the paper bag you were carrying was found the drugs in the charge. You said to the officers, “Ah Sir, give me a chance”. You were then arrested and cautioned after which you said, “I merely received $2,000 from others for delivering the white powder for others”. The seizeddangerous drugs had an estimated retail value of $536,130.

Mr Richard Leung, your counsel, has mitigated fully and thoroughly on your behalf, and I have taken into account all that he has had to say, including the contents of the letters produced on your behalf by your family members, your pastor and yourself.

You are 54 years of age, and have a total of 39 previous convictions reflected in 23 times to which you appeared in court. Most of these convictions relate to the offences of dishonesty. You have served periods of imprisonment as a result of those convictions. You have two similar convictions for trafficking in a dangerous drug to which those offences you were sentenced on the same date, that is 26 May 1998. You were sentenced in the High Court to 4 years and 7 months’ imprisonment. I am informed that for that offence the drugs involved was that of cannabis.

Your last conviction was in 2012 to which you were convicted and sentenced to imprisonment for cultivation of a cannabis plant. You, therefore, have three convictions related to drugs, two of which are trafficking - the same charge as you are facing today.

You are married and you have two children, as well as two step-children. You arrived here from Vietnam in 1981 at the age of 21 as a refugee and you remained in Hong Kong despite the other members of your family having migrated to other countries. You remained in Hong Kong as a result of your criminal record. You were not accepted to other countries.

I am informed your mother who lives in the United Kingdom, and brother also living there, are here today to support you. Your mother is, I see, of not good health as she is in a wheelchair. I can see from the number of family members here, including all your children, the pastor involved, brothers and other relatives you have a very very supportive family.

Your letter to me clearly sets out your remorse in committing this offence, and you are right to say you cannot undo the wrong that you have done no matter what you say. You know now that you were foolish to be induced by other people in helping them traffic in dangerous drugs.

As you well know, drugs are an evil in our society. It ruins the life of people. The effects of drugs can lead to death at worse, but also to a rapid deterioration of physical and psychological health, as well as dependency. You, of all people would know that, you have already once before been sentenced to imprisonment because of trafficking. You know the courts in Hong Kong treat this offence as extremely serious.

This is not your first offence where I can sympathise with you in respect even of the trafficking charge. Your children have shown me they love you and are here for you. Yet, what example are you setting for these youngsters? You ask for an early reunion. On what basis can I give you an early reunion?

No doubt, you were aware when you were delivering this very large amount of heroin that the sentence, if you were caught, would be very very long indeed.

I have every sympathy for your family having to live with a man who is constantly in and out of jail, not having a father there to be with them all the time. You say you know what you did was wrong, but you still did it. Why? Because of your financial situation. When you can earn quick, fast and good money, you know that is wrong and, more likely than not, you are going to end up in prison as a result.

Most citizens in Hong Kong have to work hard and long hours just to earn a small amount of money, yet they do not commit offences and carry on with life working diligently and hard, and that is what life should be, not committing offences.

Defendant, your strongest mitigating factor is, no doubt, your plea of guilty. You have admitted this from the outset, and you have saved the court a lot of time. From that, you have shown me your remorse and your regret. Your counsel, Mr Leung, has asked me to reduce the usual starting point, or give you a further discount other than your plea on no grounds.

The only discount I can give you here is your one-third discount for your plea of guilty.

The sentencing tariff guidelines for trafficking in heroin is laid down in R v Lau Tak Ming. You fall into the highest bracket there of between 400 and 600 grammes, a sentence of 15 to 20 years is an appropriate starting point after trial.

The amount of drugs you had was 560 grammes which is the upper end of that tariff. Had you been convicted after trial, I would have taken a starting point of 19 years’ imprisonment.

I am giving you full credit for your plea of guilty. That term shall be reduced to 12 years and 8 months’ imprisonment, to which you are so sentenced.