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HCCC 301/2013
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 301 OF 2013
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| Date: |
5 November 2013 at 10.32 am |
| Present: |
Mr Cheung Man-kwan, Bobby, SPP (Ag), of the Department of Justice, for HKSAR |
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Mr Wong Chun-wing, Kevin, instructed by Li, Wong, Lam & W I Cheung, 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: Defendant, you have been committed to this court for sentence, having pleaded guilty in the court below to a single charge of trafficking in a dangerous drug, being 0.72 kilogrammes of methamphetamine hydrochloride, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134 Laws of Hong Kong.
The summary of facts, which you have agreed, are extremely straightforward and establish that on 23 February of this year, you were intercepted at the Lok Ma Chau Control Point, having arrived from China, and found strapped to your back were two packets which contained the drugs being the subject matter of the charge. You were arrested and under caution you told the Customs & Excise officer that you were delivering the "ice" for someone else for a reward of $4,000. The retail value of the "ice" is estimated to be some HK$540,000.
You are 28 years of age, you have a son, who is three years of age and who is being looked after by your mother as your husband, I am told, deserted the family. I note that in regard to this matter that you have been willing to assist the authorities, but I understand that such enquiries that have been made by the authorities have led nowhere.
In sentencing you, I take into account all that has been said on your behalf by way of mitigation, but it is your plea of guilty to this offence which is the only real mitigation, as it is an indication of your remorse. There is, of course, an aggravating feature in this case, in that you imported these drugs into Hong Kong from the mainland and I must have regard to this in sentencing you.
The sentencing guidelines for trafficking in "ice" can be found in Ag v Ching Kwok Hung [1991] 2 HKLR 125 and for quantities in excess of 600 grammes the starting point for sentence is 18 years and upwards. In the present case, the court is dealing with 720 grammes. Accordingly, I take 19 years imprisonment as my starting point.
I will increase this starting point by one year to take account of the aggravating feature that I’ve identified, coming to 20 years imprisonment. I will discount this sentence by one-third to take account of your plea of guilty to this offence, coming to 13 years and 4 months imprisonment.
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