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HCCC 203/2017
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 203 OF 2017
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| Date: |
25 August 2017 at 9.41 am |
| Present: |
Ms Noelle Aileen Chit, SPP (Ag) of the Department of Justice, for HKSAR
Mr Cheung Kam-wing Adonis, instructed by Y C Lee, Pang, Kwok & Ip, assigned by DLA, for the accused
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| 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:
The defendant pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.
He was intercepted by police and upon search, it was found that he was holding four transparent resealable plastic bags containing dangerous drugs wrapped in a tissue paper in his right hand. Upon arrest and caution, he admitted that those were cocaine and he was instructed by his friend to deliver the drugs to someone. He has not yet been paid.
The market value of the drugs was in the region of $97,914.
The defendant is now aged 39. He has 13 items, a total of 16 previous convictions; none was drug related. His last conviction was back in 2015 for common assault. He was sentenced to 150 hours of Community Service Order.
By way of mitigation, I was told that the defendant was single and he used to be a lorry driver but was unemployed since 2014. He has been suffering mental illness but he knew full well what he was doing was delivering of drugs for an unspecified reward. Counsel told me to take into account his timely plea entered in the magistracy.
In sentencing the defendant, I have considered his guilty plea at the earliest possible instance and mitigation forwarded by counsel on his behalf and existing tariff for trafficking in cocaine.
Trafficking in cocaine between 50 to 200 grammes, a starting point of 8 to 12 years is to be adopted. The present case involved 88.4 grammes of cocaine. I adopt a starting point of 9 years. I shall give him the full one-third discount for his guilty plea. He is sentenced to 6 years’ imprisonment.
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