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HCCC 183/2019
[2019] HKCFI 2527
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 183 OF 2019
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| Before: |
Hon Campbell-Moffat J |
| Date: |
18 September 2019 at 10.33 am |
| Present: |
Mr Michael Tsang, PP of the Department of Justice, for HKSAR |
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Mr Kevin Chan, instructed by Leung & Lien, assigned by DLA, 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:
Mr Poon, on 3 June 2019, you pleaded guilty before the Kowloon City Magistracy to one count of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134 in that you trafficked in 726 grammes of cocaine and 3.15 grammes of what I am going to call ketamine, and you have confirmed that plea today.
That offence occurred on 26 July 2018 when you were intercepted in Yuet Hoi Carpark in Kwai Wo Street. The cocaine and the ketamine were found contained within several bags and boxes which were found in the boot of a vehicle to which you had the key. Mr Chan, on your behalf, tells me the vehicle did not belong to you. You had been given the keys in order to assist in the distribution of some of the drugs which were recovered. Someone was using this vehicle for the storage of dangerous drugs and other equipment used for the trafficking of dangerous drugs but for the purposes of the plea today, I accept that neither the car or the remainder of the paraphernalia were yours.
As is your right, you said nothing upon arrest and interview but as a result of that, you have not been full and frank with the police from the outset and I cannot give you any credit for any assistance to the police.
The estimated street value of the drugs found within the vehicle was $999,753, almost a million dollars’ worth of dangerous drugs, and you are to be punished for the whole amount even though you say the drugs did not belong to you. If that is correct, Mr Poon, this shows that people like you who supply drugs for others are the ones that run the risk and not the people behind the operation who make the most money without taking any of the risk.
You are 28 years of age and you have had two previous convictions in 2012, both for trafficking in dangerous drugs, for which you received a total of 4 years and 10 months’ imprisonment. But I note that they were dealt with at the same time by this court and that there must have been a guilty plea. You were last released from prison on 13 May 2014, so you appear to have stayed out of trouble since that date. You have had employment and you were sufficiently good at that job that your employer has been prepared to indicate to the court that he would re-employ you in due course. And that says something about you. What a waste of a young life, Mr Poon, because for this offence you will receive a substantial sentence.
The guideline case for trafficking in between 600 and 1,200 grammes of cocaine is HKSAR v Abdallah[2009] 2 HKLRD 437 and the range of sentence is between 20 to 23 years. For 726 grammes of cocaine, the starting point after trial would have been 20 years, 7 months and 2 weeks. The guideline case for the sentencing of ketamine is Secretary for Justice v Hii Siew Cheng[2009] 1 HKLRD 1 where for between 1 and 10 grammes, the sentencing range after trial is 2 to 4 years. So for 3.15 grammes, the appropriate starting point after trial would have been 2 years and 6 months. However, Mr Poon, the quantity of ketamine is so small as to be negligible when considering the cocaine and I will therefore not increase the sentence for the cocaine to take account of the ketamine.
You will, of course, receive a full one-third discount for your early plea and you will go to prison on Count 1 for a period of 13 years and 9 months.
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