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HCCC 121/2019
[2019] HKCFI 2183
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 121 OF 2019
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| Date: |
14 August 2019 at 9.44 am |
| Present: |
Ms Cherry Chong, PP of the Department of Justice, for HKSAR |
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Mr Phil Chau, 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 had pleaded guilty in the Magistrates Court to one count of Trafficking in a dangerous drug, namely 23.8 grammes of a solid containing 21.6 grammes of cocaine. 26.8 grammes of a powder containing 21.6 grammes of ketamine and 2.08 grammes of a crystalline solid containing 1.74 grammes of methamphetamine hydrochloride. He has been committed to this court for sentence.
The facts are nothing unusual. The defendant was driving a car when he was intercepted and found with a large amount of money on his person. And on a subsequent search inside the car were found the drugs, which is the subject matter of the charge, and also in the car was found two digital scales, quite a number of empty plastic bags and a plastic tube, plastic spoon and plastic straw which are normally used for consuming drugs. The defendant was arrested and cautioned.
The total estimated street value of the dangerous drugs seized is around HK$39,574.
The defendant is aged 37 and is married with a young son. He has previous convictions, and as Mr Chau pointed out, he has three possession of dangerous drug offences. The last one was in 2007, so that was some 12 years ago. His latest conviction in 2017 was nothing to do with drugs.
It is also in mitigation that the defendant was a construction worker since 2016 and was earning a wage of about $20,000 a month. I have seen letters from his wife and his young son pleading for mercy. There is no doubt, and I have no doubt in my mind, that the defendant is a good father and husband.
And also, as Mr Chau has pointed out, he is remorseful and is determined to turnover a new leaf. I always hope and encourage defendants to do so when they have a young family, and to use the time constructively in gaol to better themselves so that when they are released, they could continue with supporting their families.
As Mr Chau pointed out, it is a cocktail of drugs. It contains cocaine, ketamine and methamphetamine hydrochloride but the two largest amounts are in cocaine and ketamine. Guidelines have been laid down by the Court of Appeal as to trafficking in cocaine and in ketamine. It is for cocaine, it follows the guidelines laid down for heroin in Lau Tak Ming [1990] 2 HKLR 370 case. For 10 to 50 grammes would merit a guideline starting point sentence, after trial, of 5 to 8 years’ imprisonment.
I accept, I think it is a very reasonable suggestion of Mr Chau, that we do a combined approach and that means adding up the different amounts together would give us a drug content of 44.94 grammes and that would go within the guidelines which I have just mentioned in Lau Tak Ming.
As for ketamine in the case of Hii Siew Cheng in 2008, for 10 to 50 grammes of ketamine would merit a guideline sentence of 4 to 6 years.
So if I combine that amount into the cocaine guideline sentence, starting point would be 7 to 7½ years. In fact, 7½ years is more likely. And as for the ketamine, it would be about in the region of 6 years. So if I combine it all under the cocaine guideline, I will adjust it further down in order to take into account the presence of ketamine and methamphetamine.
So what I will do therefore, is reduce the starting point sentence to 7 years and then I will give the defendant the full one-third discount, and thus we will arrive at the sentence of 4 years and 8 months. So the defendant will go
to prison for 4 years and 8 months.
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