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HCCC 30/2020
[2020] HKCFI 1328
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 30 OF 2020
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| Before: |
Hon Andrew Chan J |
| Date: |
13 May 2020 at 2.53 pm |
| Present: |
Miss Chan Sze-yan, SPP of the Department of Justice, for HKSAR |
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Mr Yuen Kwok-wah Bernard, instructed by Sammy Ip & Co, for the accused |
| Offence: |
Trafficking in dangerous drugs (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 has pleaded guilty to one count of trafficking in a dangerous drug and he is committed to this court for sentence.
On 6 March 2019, the defendant was intercepted by police officers whilst alighting from his vehicle. A search of his vehicle uncovered two plastic bags which later found to contain 43.3 grammes of heroin. The defendant was then arrested. He now admits he was trafficking those heroin in question.
The defendant is 28 and has a clear record. Prior to his arrest, he worked as a driver earning $12,000 a month.
Well, guidelines on sentencing are clear. Starting point for trafficking in 43.3 grammes of heroin is one of 90 months’ imprisonment. Because of his plea, he will be given the full one-third discount for that. The sentence is therefore reduced to one of 60 months’ imprisonment.
I am urged by the defence that a further discount should be given to the defendant for an act of heroism back in 2016. In 2016, the defendant apprehended a robber. And not only that, he also attended court and testified against that robber, resulting in the robber being imprisoned for 45 months. And on that occasion, the defendant declined to receive the Good Citizen Award. Well, it is, well, similar to the case produced by the prosecution. It is said also in this case that the defendant has failed to live up to that good citizen reputation. Nevertheless, I am prepared to recognize his past deed by giving a further discount of 3 months to the defendant.
In conclusion, for the offence the defendant stands convicted, he is sentenced to 57 months’ imprisonment.
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