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HCCC 409/2018
[2019] HKCFI 1075
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 409 OF 2018
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| Before: |
Hon Andrew Chan J |
| Date: |
2 April 2019 at 10.28 am |
| Present: |
Miss Chan Sze-yan, SPP of the Department of Justice,
for HKSAR |
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Miss Ku Pui-fong Susanna, instructed by Yung, Yu,
Yuen & Co, for the accused |
| 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
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COURT:
The defendant has pleaded guilty to one count of trafficking in dangerous drug in the Magistrate’s Court. He is committed to this court for sentence.
At about midnight on 18 January 2018, the defendant was intercepted by police officer at Yee On Street, Sau Mau Ping, next to a private car. A search of the private car led to the seizure of seven packets, totalling 104.6 grammes of cocaine. Under caution, the defendant stated that half of the drug was for his own consumption.
In a subsequent video-recorded interview, the defendant further stated that he purchased the drug from Ah Hung for HK$50,000. He would sell the four packets, totalling 41.1 grammes to others whilst keeping the remaining three packets, totalling 63.5 grammes to himself. He also further claimed that he consumed more than 10 grammes per day.
In court today, the defendant accepts that only 20 per cent of the drugs, i.e. about 20 grammes found is for his own consumption.
The defendant is 32 and has a number of criminal convictions, two related to possession of dangerous drugs. Prior to his arrest, he was a transportation worker making $15,000 to $20,000 a month.
Guidelines on sentencing are clear. The starting point for trafficking in approximately about 80 grammes of cocaine is one of about 8 years and 9 months. The starting point for trafficking in 80 grammes of cocaine is one of approximately 8 years and 9 months. As to the remaining 20 grammes which the defendant claims for his own use that also attracts, in my view, a custodial sentence of at least 2 to 3 months. That is a very generous concession actually from the court.
This is, however, not the first time that the defendant is found to be involved in committing drug offence. As pointed out, he has a number of criminal convictions, two related to drugs.
As such, the overall starting point in this particular case is set at 9 years’ imprisonment. The defendant will be given the usual one-third discount for his earliest plea. For the offence the defendant stands convicted, he is therefore sentenced to 6 years’ imprisonment.
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