HKSAR v. SHUM YAM PANG

HCCC 181/2020

[2020] HKCFI 3005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 181 OF 2020

________________________

________________________

________________________

Transcript of the Audio Recording
of the Sentence in the above Case

________________________

COURT: The defendant has pleaded guilty in the Magistrates’ Court to one count of trafficking in a dangerous drug, namely 238 grammes of a solid containing 184.2 grammes of cocaine.

The facts are that the drugs were found in self-service lockers situated at the waiting area for mainland coaches in Yau Ma Tei. The CCTV footages of the area confirmed that the defendant or someone who looked like the defendant had placed the drugs into the lockers. The defendant was arrested when he tried to cross via the Lok Ma Chau Control Point to leave Hong Kong.

The estimated street value of the drugs were in the region of $281,554.

The defendant is aged 21 and has a clear record. It is sad when a young man, for no other reason than trying to earn quick money, wastes his life by indulging in this trade.

Miss Lee on his behalf has said everything she could possibly say on his behalf, and the Court of Appeal has already laid down guidelines for trafficking in dangerous drugs, namely cocaine and heroin in the case of R v Lau Tak Ming, and for trafficking in between 50 to 200 grammes, that would merit a starting point of 8 to 12 years’ imprisonment.

In this case, it is 184.2 grammes, and as Miss Lee correctly pointed out, the starting point should be about 138 months, which is 11½ years. And then taking into account the defendant’s guilty plea, his full remorse, he is entitled to the one-third discount, reducing the sentence to 92 months which would give us 7 years and 8 months’ imprisonment.

So the defendant goes to prison for 7 years and 8 months.