HKSAR v. CHENG KIN HO, MICHAEL

HCCC 192/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 192 OF 2016

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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. Summary of Facts reveals the following.

On 1 November 2015, the defendant was intercepted by police officers at Tsing Yi. Police officers found a total of 108 grammes of cocaine in two gift boxes which the defendant was carrying at the time. Under caution, the defendant said that he was helping someone to take these two boxes to Tsing Yi. He further told police that he was promised HK$1,000 for this delivery.

The value of the drugs is estimated to be HK$128,000.

The defendant is 37 and has a number of criminal convictions, one related to drug. The defendant had been in and out of prison for a number of times since 2009. On his last release from prison in August 2015, the defendant claimed that he returned to work as a garage mechanic. However, due to financial hardship, he agreed to the present delivery.

Chances have been given to the defendant in the past. It seems that he has not treasured those opportunities. Guidelines on sentencing are clear. For trafficking in 108 grammes of cocaine, the starting point should be around 9 years’ imprisonment. Given the defendant’s plea and this is his first time in trafficking in dangerous drug, 9 years is therefore adopted as the starting point. The 9 years’ imprisonment is reduced to one of 6 years’ imprisonment because of his plea.

In summary, the defendant is sentenced to 6 years’ imprisonment.