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HCCC 48/2019
[2019] HKCFI 2131
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 48 OF 2019
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| Before: |
DHCJ Stuart-Moore |
| Date: |
22 August 2019 at 10.04 am |
| Present: |
Mr Oscar Tan, PP of the Department of Justice, for
HKSAR |
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Mr David A S Khosa, instructed by Ivan Tang & Co,
assigned by DLA, for the defendant |
| 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:
The defendant who is now aged 41 has a long history of drug-related offences. He has now pleaded guilty to a charge of trafficking in a crystalline solid containing 45.8 grammes of methamphetamine hydrochloride, commonly known as ‘Ice’. This had a street value of almost $25,000.
On 9 February 2018, the defendant came into Hong Kong through the control point at Lo Wu where he was intercepted by Customs officers. The drugs were found in his underwear, wrapped in cling film. He maintained that these were for his own consumption and that he had bought the ‘Ice’ for RMB10,000.
Mr Khosa makes a strong point in this case that the drugs were meant for the defendant’s use at least in the main. The defendant will know that there are sentencing guidelines for trafficking which includes the importation of drugs. Those guidelines are set out in HKSAR v Tam Yi Chun [2014] 3 HKLRD 691. They provide for trafficking between 10 to 70 grammes of ‘Ice’ after trial of 7 to 11 years’ imprisonment.
Here, the amount was 45.8 grammes for which it would seem that an appropriate starting point, aside from any aggravating factors, would be 9 years and 4 months. In the normal way, there would be two further considerations to be taken into account for enhancement. Firstly, this was trafficking across the border from the mainland for which the defendant would normally expect to have his sentencing enhanced by 6 months. And furthermore, this is his second offence of trafficking, although the first offence was a long time ago, so that the enhancement would probably only have been by a few months, perhaps two.
With all of that in mind, the sentence after a plea of guilty for which full credit should be given would normally have been 6 years and 8 months. I am prepared to accept, in this case, that the defendant is a hardened addict, and therefore some of the drugs that he brought across the border would have been consumed by himself. Indeed, a positive test at Lai Chi Kok appears to have revealed that the defendant had ‘Ice’ in his system, or at least methamphetamine in his system, when he was tested. In all the circumstances, what I propose to do is to pass a sentence of 5 years’ imprisonment.
Would you stand, please? Yes. Your sentence is 5 years and you can be grateful to your counsel for saying on your behalf all that could possibly be said.
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