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HCCC 352/2016
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 352 OF 2016
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| Before: |
Hon Campbell-Moffat J |
| Date: |
27 April 2017 at 11.20 am |
| Present: |
Mr Bernard Ryan, on fiat, for HKSAR
Mr Paulinus Lo, instructed by Lam, Lee & Lai, assigned by DLA, for the accused
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| 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:
You have pleaded guilty today to one count of trafficking in 104 grammes of methamphetamine hydrochloride, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, and you are formally convicted upon your plea.
The street value of what you had on you in November 2015 was HK$32,264.
At the time of your arrest, in the early hours of 29 November 2015, you were seen to leave 496 Shanghai Street and when you were intercepted, you failed to produce your identification card and then you were searched and you were found to have - in fact, to be fair to you, you proffered it up - you were found to have five packets of ‘Ice’ hidden in your underpants.
You said nothing upon arrest and caution but in VRI, you simply said that you had been visiting a friend and that the cash that was found upon you had come from your earnings as a kitchen worker.
You antecedents statement shows that you are 26 years of age, divorced, with a 4-year-old daughter who I have heard today is cared for by your paternal grandmother. You say you earned $14,000 as a kitchen worker and I am sure that income will be greatly missed by your family.
You say you are a drug addict, as can be seen from the fact that you had amphetamine in your system at the time of your arrest.
You have a criminal record which indicates a flurry of criminal activity in 2013 but only one relevant matter which was for possession of dangerous drugs, and for that, I see that you received a drug addiction treatment centre, but this will be the first time that you will serve a period of imprisonment.
The relevant sentencing guideline for the offence of trafficking in dangerous drugs, and in ‘Ice’ in particular, in November 2015 is HKSAR v Tam Yi Chun [2014] 3 HKLRD 691. For trafficking in between 70 grammes and 300 grammes of ‘Ice’, the sentencing range is between 11 to 15 years as a starting point after trial.
For trafficking in 104 grammes of ‘Ice’, I consider an appropriate starting point after trial, in all the circumstances of this case, to be 11 years and 6 months.
I have taken into consideration what could be said on your behalf and your background and I am grateful to Mr Lo for painting a picture of your life and of your relationship with your family who are here to support you today. I am also pleased to hear that you wish to make full use of your incarceration to educate yourself and acquire other skills.
You say that some of what was found upon you was to be consumed by you and given what has been said upon your behalf and the manner in which these drugs were found, I do not consider that would have been very much. However, I am prepared to take that into consideration and I will reduce your sentence by 3 months to reflect that.
Trafficking in dangerous drugs is a very serious offence. Deterrence, therefore, is an overwhelming consideration and in the face of such a serious offence, there is nothing else which can be said on your behalf which would warrant a more lenient course than would otherwise be the case.
You will of course receive your one-third discount for your plea at the earliest opportunity and you will go to prison for 7 years and 6 months.
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