|
HCCC127/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 127 OF 2009
-----------------
-----------------
| Before: |
Deputy High Court Judge Toh |
| Date: |
9 June 2009 at 10.31 am |
| Present: |
Mr P J Power, SPP, of the Department of Justice, for HKSAR
Mr Malcolm R Nunns, instructed by Messrs Benjamin Au & Billy Chan, for the Accused |
| Offence: |
Trafficking in a dangerous drug(販運危險藥物) |
----------------------------------------------------
Transcript of the Audio Recording
of the Sentence in the above Case
----------------------------------------------------
COURT: Defendant, please stand. The defendant has pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.
He is charged that on 6 November 2008, in an address in Wong Tai Sin, which was his living premises, police officers found a total of 320.28 grammes of a powder containing 216.15 grammes of cocaine, 3.22 grammes of a powder containing 2.97 grammes of methamphetamine hydrochloride, 2.88 grammes of a powder containing 2.39 grammes of ketamine, and 9.20 grammes of cannabis in a herbal form. These drugs were found in the kitchen of the premises where the defendant lived alone.
When arrested and cautioned, the defendant said he had been out of work, and he had bought some coke for his own consumption and sold some for earning some money. $20,500 was seized from the premises. The total amount of drugs, for which the estimated retail value at the time of the seizure was in the region of HK$280,604.
The defendant is aged 46 and has three previous convictions, all to do with dangerous drugs. The first two were relatively minor offences for possession of dangerous drugs in 1991. Then in 1994 he was sentenced to 21 years’ imprisonment for manufacturing of dangerous drugs. He was released in 2007 and committed these present offences in 2008.
Mr Nunns pointed out that because of the defendant’s spell in prison it was difficult for him to find a job. That is not a reason, because I am informed that the Correctional Services has got agencies dealing with released prisoners to help them find jobs. It’s unfortunate that the defendant has chosen an easy way to earn money to support his young family in Mainland China.
For the total amount of dangerous drugs, the main amount would be cocaine. So taking into account that the sentencing guidelines say that in assessing sentence the court should consider the whole of the drugs and then consider the starting point for those drugs. Now, according to the case of Pedro Nel Rojas, the tariff for Lau Tak Ming for heroin applies for cocaine. So as Mr Nunns pointed out, the total amount of drugs in this case, including the methamphetamine hydrochloride, the ketamine and the cannabis, together with the cocaine, amounts to about 230 grammes, so it falls within the Lau Tak Ming guidelines for trafficking in heroin of between 200 to 400 grammes. The recommended sentence is between 12 to 15 years.
So in the present circumstances, for the present amount of drugs, it will fall within a starting point of 12 to 12½ years. I do take into account the fact that in this total amount of drugs are drugs which are of less serious nature. So I consider also that in the circumstances therefore, with the facts of this case, the circumstances of the arrest, that the appropriate starting point in this case would be one of 12 years’ imprisonment.
Having listened to mitigation and the special circumstances pertaining to this case, I have therefore considered that a reduction of 5 years’ imprisonment is appropriate. Therefore, the defendant is sentenced to 7 years’ imprisonment.
|