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HCCC 230/2017
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 230 OF 2017
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| Date: |
6 October 2017 at 11.57 am |
| Present: |
Mr Gary Leung, SPP of the Department of Justice, for HKSAR |
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Mr William Allan, instructed by Tung & Associates, 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:
The defendant pleaded guilty to trafficking in 471.9 grammes of cocaine on 10 July this year at the Eastern Magistrates Court. He is committed to this court for sentence.
On 18 January 2017, at about 1.40 am, the defendant alighted from his private car near the junction of Ma Tau Kok Road and Pau Chung Street. He walked along Pau Chung Street towards Tien Hung Building. He was stopped and his car was searched. Officers found a paper bag in front of the front passenger seat. Inside the paper bag was a plastic bag containing 29 small resealable plastic bags with cocaine. Under caution, the defendant admitted conveying the cocaine for sale for a reward. He owed someone heavy debts. He was compelled to do so.
The street value of the cocaine was about $556,000.
The defendant is 41 years old. He studied up to Form 3. He was a site engineer at the time of the offence. He was not an addict. The defendant has a clear record. He has high blood pressure and uric acid problem. He needs medical care for these conditions.
The sentencing tariff in HKSAR v Lau Tak Ming is applicable. For trafficking in 471.9 grammes of cocaine, the sentence should be 16 years and 10 months’ imprisonment.
Having considered the amount of cocaine, the background and the mitigation, I take 16 years and 10 months’ imprisonment as the starting point. I deduct 5 years and 7 months for his plea.
I sentence the defendant to 11 years and 3 months’ imprisonment.
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