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HCCC 54/2016
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 54 OF 2016
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| Before: |
Hon Campbell-Moffat J |
| Date: |
3 February 2017 at 11.46 am |
| Present: |
Mr Andrew Raffell, on fiat, for HKSAR |
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Mr Leung Chun-keung, instructed by Francis Kong & Co,assigned by DLA, for the accused |
| 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: You have pleaded guilty today to one count of
trafficking in dangerous drugs, contrary to sections 4(1)(a) and
(3) of the Dangerous Drugs Ordinance, Cap 134, and you stand
formally convicted of that charge.
The Statement of Facts was read out to the court today and you have agreed them. They formed the basis of your plea.
The background to your arrest was that, on 26 June 2015, you were arrested and found to be in possession of four plastic bags, one of which was found to contain the dangerous drug to which you have pleaded guilty of trafficking. There was 28.3 grammes of methamphetamine hydrochloride in your possession when you were stopped on the 35th Floor of Wang Sum House, which was not your home address. The value of those drugs was $11,193.
In your video-recorded interview, you said that you were visiting a lady friend, at 4 o’clock in the morning, to consume the ‘Ice’ and that you could not recollect the exact address because you had not been there for six months. You also said that you had purchased the dangerous drugs the night before but could not remember the address from where you had bought it. And whilst you gave the name of the person you had bought it from and the name of the person you were going to consume it with, you could not provide their full names nor any way of contacting them even though you had been in touch with them previously.
By reason of your plea, you accept that the story about self-consumption was not the truth. I do not accept that you were going to an address on the 35th Floor of Wang Sum House to smoke any part of those dangerous drugs. I take the view, in accordance with your plea, that you were on your way to deliver the one packet you had with the 28.3 grammes of ‘Ice’ within it.
I do, however, accept that you have a record of possession of dangerous drugs, and indeed trafficking, and that you were found to have dangerous drugs in your system by the authorities after arrest. But that does not automatically mean that the court is going to accept that some part of what you had on you that night was for your personal consumption. Especially as you were nowhere near your own address and you did not provide the identification of the person with whom you say you were going to consume those dangerous drugs so that it could be verified.
The prosecution have taken an entirely proper stance in accepting that you were a drug addict but not being in a position to say whether you were going to consume any part of the dangerous drugs you had on you that morning. Your assertion that half of the drugs were for your own consumption is a bare assertion. You were provided with an opportunity to take part in a Newton hearing and you declined. The only evidence the court has before it is that you were in a place which is not your home address, with four plastic bags, some of which had traces of dangerous drugs and one of which had 28.3 grammes of ‘Ice’ within it.
As I said, the street value of that was $11,193. Yet, you earned only $4,800 per month, working on a food stall, and you say that you paid 2,400 for what you had on you that night. You also said, and I take note, that you consumed drugs at about 1 gramme a time. No doubt that is what you consumed, but I find that it was not going to come from the bag containing the 28.3 grammes which you had on you that morning.
The relevant sentencing guideline for the offence of trafficking in ‘Ice’ is HKSAR v Tam Yi Chun [2014] 3 HKLRD 691. For trafficking in between 10 grammes and 70 grammes of ‘Ice’, the starting point after trial would be 7 to 11 years. For trafficking in 28.3 grammes, the starting point would therefore be 8 years and 3 months.
I have taken into account what Mr Leung has urged on your behalf, as well as your letter indicating your remorse and the position that you have put your mother and son in. I have also taken into account that which has been said by your sister and brother-in-law. Consumption of dangerous drugs is an evil which affects many others, not just yourself. Your family, and in particular your son, will suffer as a result of your selfish act.
Despite what has been said and written, there is no mitigation which can affect the sentence I must pass upon you and you will go to prison for 5 years and 6 months.
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