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HCCC 133/2019
[2019] HKCFI 3059
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 133 OF 2019
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| Before: |
Hon Andrew Chan J |
| Date: |
8 October 2019 at 9.39 am |
| Present: |
Miss Hui Hei-ching Kasmine, SPP of the Department of Justice, for HKSAR |
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Mr Leung Hung-kuk Michael, instructed by Samuel Ho & Ci, 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 a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance. He is committed to this court for sentence.
The Summary of Facts reveals the following. On 1 October 2018, the defendant arrived Hong Kong from Malaysia. A customs officer found 565 grammes of heroin concealed in his shoes. The defendant was then arrested.
The street value of the heroin was estimated to be over HK$460,000.
The defendant admitted that he knowingly imported the drug into Hong Kong. The defendant is 20, a Malaysian national. He was a fruit seller with a monthly income of approximately HK$5,600. Similar to many other cases we have heard in this court, due to financial reason, the defendant agreed to take the risk by bringing the drug in question into Hong Kong. So the offence was committed purely of financial reason.
Guidelines on sentence are clear. The starting point for trafficking in 565 grammes of heroin is one of, in my view, 18 years’ imprisonment. Apart from the defendant’s plea, there are no other mitigating circumstances in this case.
The amount involved was not huge and as such, I would not further increase the sentence even though there is an international element existed in the present case.
For the offence the defendant stands convicted, he is therefore sentenced to 12 years’ imprisonment.
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