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HCCC268/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 268 OF 2009
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| Before: |
Mr Recorder L Lok, SC |
| Date: |
18 November 2009 at 9.52 am |
| Present: |
Ms Laura Ng, SPP of the Department of Justice, for HKSAR
Mr Cheung Man-fai, Jeremy, instructed by Messrs Tang, Leung, Li & Tsang, assigned by the Director of Legal Aid, 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: I do not propose to give very long reasons for sentence. The facts, in so far as they are relevant, are these, that you were stopped and searched in the afternoon of 5 April this year in the Yau Ma Tei area. In a McDonald’s paper bag that you were carrying, police found a white tissue wrapped in a plastic bag which contained 547 pellets of suspected articles. You were then arrested for the offence of trafficking in a dangerous drug.
The contents of the 547 pellets were then examined by the Government Chemist and it was found that the substance was a total of 133.94 grammes of a mixture containing 116.93 grammes of heroin hydrochloride. I should add, at the time of the offence, the retail value of the drugs was estimated to be $89,198.
From the facts that you have admitted this morning, you admitted that you were in possession of the drugs for the purpose of trafficking.
You are aged 16. You are not a drug addict. Your counsel had frankly admitted on your behalf that you were a minor courier but, as Mr Cheung had again very fairly conceded, in dangerous drugs offences, the sentencing court will have to adopt a uniform straitjacket approach. But that does not mean that I do not have a discretion for leniency.
You have previous convictions. They are not drug-related, so for the purpose of sentencing you, I shall disregard those convictions.
In addressing me, your counsel had very rightly referred me to the sentencing authority. Again, he most fairly accepted that a term of 10 to 10½ years would not be inappropriate. In sentencing you, I accept that that is the correct band of sentence, that is to say, a band between 8 to 12 years.
However, I do take into account your young age; you are only 16. This morning, from a letter that was handed to me, I am particularly impressed by your appreciation of your grandmother’s support. I shall adopt the starting point - I think, in the circumstances, it is a fairly low starting point - of 9 years. I will have to give you the usual customary one-third discount.
In the end, you are sentenced to a term of imprisonment of 6 years. I hope that when you have served your sentence, please behave yourself. You are too young to be engaged in dangerous drugs activities. Should you continue to do so, you are likely to spend times in prison and that is miserable.
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