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HCCC 11/2020
[2020] HKCFI 1515
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 11 OF 2020
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| Before: |
Hon Andrew Chan J |
| Date: |
5 May 2020 at 11.36 am |
| Present: |
Mr Tsang Ting-hang Michael, SPP(Ag) of the Department of Justice, for HKSAR |
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Mr Tze Ying-kuen James, instructed by Ernest Tang, Solicitors, assigned by DLA, 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 has pleaded guilty to one count of trafficking in dangerous drug in the Magistrate Court and she is committed to this court for sentence.
On 5 March 2019, the police armed with a search warrant entered the defendant’s residence for a house search. 16 packets containing a total of 318.4 grammes of heroin were found.
Under caution, the defendant stated that she was assisting other to deliver the drugs for a small reward.
The street value was estimated to be just over HK$300,000.
The defendant is 68 and prior to her arrest received 2,450 Old Age Living Allowance from the government each month. She has three criminal records, one relating to possession of dangerous drug but it was committed in 1992 and she was given a bindover for that.
Guidelines on sentence are clear. The starting point for trafficking in 318.4 grammes of heroin is one of 13 years and 9 months. Apart from her plea, there is nothing in the mitigation which can possibly reduce the sentence further. For the offence the defendant stands convicted, she is therefore sentenced to 9 years and 2 months’ imprisonment.
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