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HCCC31/2011
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 31 OF 2011
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Date: |
30 March 2011 at 9.46 am |
Present: |
Mr P J Power, SADPP of the Department of Justice, for HKSAR
Mr Wai Hon-hei, Terence, instructed by the Legal Aid Department, 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 pleaded guilty in Eastern Magistracy to an offence of trafficking in 49.09 grammes of heroin, and has been committed to this court pursuant to section 81B of the Magistrates Ordinance for sentence.
The facts of the case are that on 16 August 2010, the defendant was intercepted by police on a footbridge in Hung Hom. He was subsequently searched, and the drugs the subject of the offence were found in his underpants.
When questioned, he admitted he was to deliver the drugs to someone else.
I take a starting point of sentence of 8 years’ imprisonment.
Although the defendant was intercepted that morning at 7.43 am and had crossed into Hong Kong from the mainland exactly one hour before his apprehension, I do not proceed on the basis that he had imported the drugs. There is a possibility he received them after he had entered Hong Kong. There is, therefore, no aggravating factor.
The defendant’s only mitigation of substance is his plea of guilty.
Accordingly, the starting point of sentence is reduced to a sentence of 5 years 4 months’ imprisonment.
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