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HCCC72/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 72 OF 2009
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Before: Hon McMahon J
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Date: 21 April 2009 at 9.52 am
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Present:
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Mr P J Power, SPP of the Department of Justice, for HKSAR |
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Miss Rita K Y So, instructed by Louis K Y Pau & Co, for the Accused
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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
COURT: The defendant has been committed to this court for sentence pursuant to the provisions of section 81B of the Magistrates Ordinance in respect of an offence of trafficking 742.13 grammes of cocaine.
The facts of the case were that the defendant was seen by police officers in Chi Wo Street in Jordan, carrying a paper bag. He attracted their suspicions and was stopped and searched.
Inside the bag he was carrying were found the dangerous drugs. The defendant was arrested and, under caution, admitted he knew the drugs were cocaine, and said he was delivering them for some other person.
I bear in mind the principles expressed by the Court of Appeal so far as sentencing for large amounts of cocaine is concerned, and the cases of Lau Tak Ming (1992) HKLR 370, Pedro Nel Rojas (1994) 1 HKC 342, HKSAR v Abdullah Anwar Abbas (unreported) CACC 304/2008.
I take a starting point of sentence of 20 years 6 months’ imprisonment.
The only mitigation available to the defendant is his plea of guilty, and in that regard he warrants a full discount of sentence.
Accordingly, I sentence the defendant to 13 years 8 months’ imprisonment.
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