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HCCC333/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 333 OF 2009
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| Before: |
Deputy High Court Judge A Chan |
| Date: |
14 January 2010 at 10.14 am |
| Present: |
Mr P J Power, SADPP (Ag.), of the Department of Justice, for HKSAR
Mr Jacky Jim, instructed by Ip Kwan & Co., assigned by the Director of Legal Aid, for the Accused |
| 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: The defendant pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, before Deputy Magistrate William Lam at the Eastern Magistracy on 16 October 2009. He was committed to this court for sentence.
The Summary of Facts which was admitted by the defendant revealed the following.
At 0756 on 20 February 2009, the defendant was intercepted by police officers at the Hong Kong International Airport. His suitcase was opened and searched. Inside, the police found a total of approximately 1.99 kilograms of a crystalline solid containing a total of approximately 1.97 kilograms of methamphetamine hydrochloride (“Ice”). The drug in question was hidden in concealed compartments of the suitcase.
The defendant was arrested and cautioned. Under caution, the defendant stated that he was trying his luck by carrying dangerous drugs for people.
In a subsequent video interview, the defendant further admitted that: (1) he was asked by a male to carry the drug to Japan for which he would be rewarded with HK$60,000 to HK$70,000. As he was in debt, he agreed to do it; (2) he was given some money and a mobile phone by this male to await further instruction; (3) on 20 February 2009, he was instructed to collect the suitcase from Regal Kowloon Hotel and, thereafter, proceeded to the airport.
The drug in question has a street value of approximately HK$1.5 million.
The defendant acted as a courier for the international drug trade. He was about to board a plane to Japan. He did so purely for economic reason. Because of the international dimension, this makes the offence more serious.
Further, this is not the first time that the defendant has committed such serious crime. The defendant has one similar conviction. He was sentenced in 1994 to serve a term of 12 years’ imprisonment for two counts of trafficking in a dangerous drug. The 12 years’ imprisonment term seems to exert little deterrent effect on you.
The guidelines in sentencing are to be found in Attorney General v Ching Kwok Hung, CAAR15/1990. The starting point for trafficking in over 600 grammes of methamphetamine is 18 years and upwards.
In HKSAR v Vhemy Axel-Supardi, CACC12/2000, the defendant was intercepted by Customs & Excise officers on his entry into Hong Kong from China. 2.087 kilograms of methamphetamine was found. A starting point of 24 years was found to be appropriate.
In the case of HKSAR v Anuar Bin Mohammed Yusup, CACC477/2001, the defendant was arrested at the Hong Kong International Airport when he was about to board a flight for Kota Kinabalu. 2.36 kilograms of methamphetamine was found. A starting point of 24 years was found to be appropriate.
In HKSAR v Darwin Ibrahim, CACC112/2003, the defendant was arrested at the airport when he was about to board a plane for Indonesia. 1.86 kilograms of methamphetamine was found. A starting point of 24 years was found to be again appropriate.
Judging from the authorities stated above, it is clear that in the absence of other aggravating factors, the starting point for an international courier who trafficked in approximately 2 kilograms of methamphetamine is one of 24 years’ imprisonment.
The defendant has one previous similar conviction. In my view, that justifies an additional 1 year imprisonment. The starting point is therefore set at 25 years.
Although his daughter and son speak highly of him in their mitigation letter, the only mitigating factor in this case is the defendant’s plea of guilty. Trafficking in a dangerous drug at all times is a serious offence. For the defendant’s plea, he will be given the usual one-third discount.
For the sole offence, the defendant stands convicted, he is sentenced to 16 years 8 months’ imprisonment.
Application to leave to appeal against sentence by the defendant to Court of Appeal dismissed. Please refer to CACC31/2010 dated 30 July 2010
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