CRIMINAL CASE NO. 108 OF 2011
COURT: Yes, there is no need for the defendant to stand. This hearing began in chambers this morning when certain matters were canvassed before me.
In particular an authority from the Court of Final Appeal known as Z v HKSAR was placed before me by Mr Delaney, who submitted that although the defendant had given no information which was of any assistance evidentially or in terms of intelligence to the authorities, he was deserving of some recognition for having given a non-prejudicial statement and made an attempt to give assistance.
I have already dealt with the submission during proceedings in chambers. The result is there has been no information which has, in fact, provided any assistance to the police or the authorities. However, in as much as the defendant has cooperated and offered such assistance as he can, it contributes to remorse, which is a separate mitigating factor.
I do not intend to go into the facts of this matter which are amply set out in the Summary of Facts. I accept that none of the aggravating features to which Mr Delaney referred me are present in this case but I am concerned that this is one of a growing number of cases I have dealt with of overstayers or people who are not otherwise entitled to remain in Hong Kong, but are here by licence or permit of the immigration authorities pending resolution of claims of refugee status, dealing in dangerous drugs.
Such claimants cannot work in the community, yet I notice that the defendant has pleaded guilty to trafficking in drugs that are worth $160,000 at street value, had $4,000 in cash on his person and it would seem his telephone number of his mobile telephone had been used to secure the rental of premises where the offence took place at a rental of $1,600 per month.
Plainly drugs were being stored at these premises and a lucrative operation was being run by the defendant.
There are two drugs named in the indictment, cocaine and cannabis resin. The more serious of which, of course, is cocaine although the cannabis resin is not in a negligible amount being found in some 56 pellets of the drug.
Whether I apply the individual or the combined approach, the starting point which I consider appropriate for trafficking in these amounts of drugs is 8 years and 9 months’ imprisonment.
The defendant has pleaded guilty, not at the first available opportunity, but at the High Court having indicated his plea in a pre-trial review. He does not have a clear record, although he has no previous convictions for drugs. Nevertheless, with his plea and the remorse which I have mentioned, the defendant is entitled to a full one-third discount from that starting point.
The sentence of the court, therefore, will be that you go to prison for 5 years and 10 months.