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HCCC103/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 103 OF 2009
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| Date: |
10 June 2009 at 9.58 am |
| Present: |
Mr P J Power, SPP of the Department of Justice, for HKSAR
Mr Tong Ming W M, instructed by George Chan & Co., for the Accused |
| Offence: |
Trafficking in a dangerous drug, etc. (販運危險藥物等罪項) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The 39-year-old defendant pleaded guilty before me to an offence of trafficking in 72.05 grammes of Ice, 0.57 grammes of ketamine, 29.39 grammes of herbal cannabis, 2.2 grammes of NN-dimethylamphetamine, 0.29 grammes of methamphetamine, 2.87 grammes of barbitone, 0.05 grammes of nimetazepam, 0.15 grammes of midazolam, 0.01 grammes of nitrazapam and 5 milligrams of diazepam, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.
The facts of the case were quite simple. Acting on information, police gained access to the defendant’s flat in Tsz Hong Estate in Kowloon and found the drugs in his bedroom concealed in various boxes, cabinets, and in a plastic bag suspended from a coat hanger. While the defendant initially claimed the drugs were for his self-consumption, he now admits he was trafficking in them. It is apparent that the most serious drug, both in nature and quantity, is the Ice. The other drugs are either in much smaller quantities, such as the midazolam, barbitone and methamphetamine, or were less serious in their nature, such as the herbal cannabis.
In my view, the correct approach to sentencing is the combined approach described in the R v Yip Wai Yin [2004] 3 HKC at 367. Accordingly, looking at the 72.05 grammes of Ice in isolation from the other drugs, I take a starting point of sentence of 10 years’ imprisonment. Given the less serious nature and lesser quantities of the other drugs the defendant possessed for the purposes of trafficking, I do not enhance that starting point because of the presence of the other drugs. However, the defendant has an absolutely atrocious history for prior convictions for drug offences stretching back to some 20 years. That is an aggravating factor which results in a final starting point of 11 years’ imprisonment.
The only mitigation available to the defendant is his plea of guilty. I give him full credit for that. The defendant is sentenced to 7 years 4 months’ imprisonment.
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