HKSAR v. CHEUNG JOEY SANNAD

HCCC 18/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 18 OF 2013

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: The facts are very brief. The defendant was arrested at about 5 past 1 in the morning on 18 August last year, after he stepped out from a taxi.

He was searched after a short struggle and found to have in his possession an electronic scale and a total of 12 small bags of "Ice" in his possession. He tried to make out that these drugs were for his own consumption but it is conceded now that that was an untrue statement.

The "Ice" that he was trafficking had a narcotic content weighing 15.35 grammes and its value was estimated at $12,035.

The defendant, who is now aged 26, has a bad record culminating in a conviction for robbery in 2008 when he was sentenced to 5 years and 4 months’ imprisonment. However, he has no conviction of the kind with which he is now concerned in this case. There are elements of drugs involved in some of his earlier convictions but nothing for trafficking.

In The Attorney General v Ching Kwok Hung [1991] 2 HKLR at page 125, the suggested guideline tariff for amounts of between 10 to 70 grammes of "Ice" is a bracket of 7 to 10 years’ imprisonment. In my judgment, a starting point of 7 years and 3 months’ imprisonment would be appropriate for the amount being trafficked in the present case.

As Mr Ching has rightly indicated, the most solid aspect of his mitigation is the plea of guilty which the defendant has entered and for that, he will receive full credit.

Your sentence is 4 years and 10 months’ imprisonment.