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HCCC 423/2019
[2020] HKCFI 857
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 423 OF 2019
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| Date: |
4 May 2020 at 11.25 am |
| Present: |
Miss Sheroy Tam, SPP of the Department of Justice, for HKSAR |
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Mr Shah Mohammed Jawadullah, instructed by Paul Kwong & Co, for the accused |
| Offence: |
Trafficking in dangerous drugs (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:
On 30 December 2019, the defendant pleaded guilty to one count of trafficking in a dangerous drug. The dangerous drugs was 209.9 grammes of ketamine, 60.6 grammes of cocaine and one tablet containing 0.18 gramme of MDMA.
Shortly after 11 pm on 17 March 2019, police officers intercepted a private car near To Lai Road, To Yuen Wai, Tuen Mun. The defendant was sitting at the driver’s seat. He was holding a black bag in his left hand. Upon search, the police found the dangerous drug inside the black bag. The defendant said he was promised a reward of $5,000.
The police estimated that the market value of the ketamine was about $180,000, that of the cocaine was $66,000 and the MDMA was $83.
The defendant is 23. He has a clear record. He has studied up to Form 3. His father is a construction site worker. He has a twin brother and a sister. He worked in a bar before this offence, earning about 13,000 per month. He contributed about $3,000 to his family. He committed this offence out of greed. He is now remorseful.
In the letter to this court, the defendant regretted for his selfish conduct and brought great pain to his family. He promised to study and learn some skill while in prison. His family members have written to plead for leniency too.
I adopt the sentencing guidelines of Hii Siew Cheng and Lau Tak Ming. For 209.9 grammes of ketamine, the defendant should be sentenced to 7 years and 11 months’ imprisonment. For the 60.6 grammes of cocaine, the defendant should be sentenced to 8 years and 3 months’ imprisonment.
For the sentencing of a charge with multiple dangerous drugs, I adopt the approach in Wong Kin Kau, CACC 267/2009. I first convert the amount of ketamine into comparable amount of cocaine according to their criminality. I then add this amount to the existing amount of cocaine to assess the starting point. According to my calculation, trafficking in 209.9 grammes of ketamine approximately equal to the criminality of trafficking 49 grammes of cocaine. I add this amount to the existing amount of 60.6 grammes. The final amount of cocaine for assessing the starting point is 109.6 grammes of cocaine.
The starting point for this charge is imprisonment for 9 years and 7 months’ imprisonment. For the tablet of MDMA, the amount was very small and I would not make any addition to the starting point.
The defendant pleaded guilty and is entitled to a reduction of 3 years and 2 months. I sentence the defendant to 6 years and 5 months’ imprisonment.
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