HKSAR v. YU WAI NANG

HCCC 305/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 305 OF 2013

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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 convicted by the jury of this charge of trafficking of 18.27 grammes of methamphetamine hydrochloride on 28 February of this year at the junction of Portland Street and Prince Edward Road West, Kowloon.

You were intercepted by police in the very early hours of that morning, searched and from your left front jeans pockets Exhibit P10 was found. This was the packet in which 14.5 grammes of “Ice” was found.

You were taken back to the police station where a further two packets, Exhibits P14 and P16, were found inside a pouch which was at your waist band. Inside these two packets was a further 2.8 grammes and 2.5 grammes of “Ice” respectively.

It is right to say that you have never denied possession of these drugs, but the simple fact of the matter is that you really had no choice but to admit possession as you were effectively caught red-handed.

You are 41 years of age, a casual construction site worker, and have a poor criminal record, particularly for drug abuse, having nine previous convictions for possession of dangerous drugs and one previous conviction in April of 2005 when you received a sentence of 4 years and 8 months’ imprisonment for trafficking in dangerous drugs.

The standard sentencing guidelines for trafficking in “Ice” are to be found in Attorney General v Ching Kwok Hung [1991] 2 HKLR 125 and for trafficking in between 10 to 70 grammes of “Ice” the starting point ranges between 7 to 10 years’ imprisonment.

In this case, the court is dealing with 18.27 grammes of narcotic. Accordingly, you are sentenced to a term of 7½ years’ imprisonment.