HKSAR v. XU YUZHEN

DCCC 359/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 359 OF 2009

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Reasons for Sentence

1.  When the facts fulfilled the element of importation, whether the drugs are intended for personal consumption is a matter that goes to mitigation rather than a requisite element to determine guilt (Chan Mung Lung [1992] 2 HKCLR 127; Chung Kam Fai [1993] 1 HKCLR 178; and Hiroyuki Sato [1994] 1 HKCLR 119).

2.  This case was defended on the basis of a total denial. There was no claim of personal consumption. Clear record is not a strong mitigating ground in serious offences such as drug trafficking. In accordance with the sentence tariff in Lau Tak Ming [1990] 2 HKLR 370, I sentence the defendant to a term of 5 ½ years imprisonment.