|
HCCC 340/2014
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 340 OF 2014
-----------------
------------------
| Date: |
16 September 2015 at 10.09 am |
| Present: |
Ms Susanna W Y Lee, on fiat, for HKSAR |
|
Mr Ching Wan-fung, instructed by Alan HO & Co,
for the accused |
| Offence: |
(1) Trafficking in a dangerous drug (販運危險藥物) |
|
(2) Possession of a dangerous drug (管有危險藥物) |
|
(3) Possession of a forged identity card (管有偽造身分證) |
|
(4) Possession of false instruments (管有虛假文書) |
---------------------------------
Transcript of the Audio Recording
of the Sentence in the above Case
---------------------------------
COURT: Defendant, on 6 July 2015 you pleaded guilty to one
charge of trafficking in dangerous drugs; one charge of
possession of dangerous drugs; one charge of possession of a
forged ID card; and one offence of possession of false
instruments, namely two Hong Kong Police warrant cards.
You admitted the facts and I convicted you on those facts.
The 1st offence of trafficking in dangerous drugs involved 141.69 grammes of methamphetamine hydrochloride, otherwise known as “Ice”, and the 2nd offence is that of possession of dangerous drugs of 1.96 grammes of “Ice”.
The facts are as follows. At about 1.53 am on 12 January 2014, Customs officers at Parks Street, Jordan saw you and another male acting furtively at the junction with Ning Po Street. When you both reached outside Kensington Plaza, 98 Parks Street, you stopped and the other male walked on.
You were intercepted and searched. From both pockets of your vest a condom containing a crystalline suspected dangerous drugs was found, that is a total of two condoms.
Arrested and cautioned, you replied that the two pellets of “Pork” belonged to you and you were taking them to someone. At about 2.40 am you were taken to your home, which is Room 1131, Block 6, Kwai Shing West Street, Kwai Chung for a house search. From a plastic box on your bedroom floor, the following items were found:
(a) two false police warrant cards in the name of Chow Kwok-ho;
(b) a false Hong Kong identity card in the name of Chow Kwok-ho;
(c) a paper box containing a plastic bag of a crystalline substance suspected to be “Ice”;
(d) a plastic bag of powder containing suspected methamphetamine.
Arrested and cautioned you admitted the “Pork, Yaba and zopiclone” were for your own consumption. The ID card and false warrant cards were yours.
Later arrested and cautioned you said you had purchased the ID card and warrant cards in Shenzhen. They were found to be forgeries.
Later analysis of the dangerous drugs confirmed Count 1 to be 142.61 grammes of a crystalline solid containing 141.69 grammes of methamphetamine hydrochloride. Count 2, 1.96 grammes of a crystalline solid containing 1.89 grammes of methamphetamine hydrochloride and 0.04 gramme of a powder containing methamphetamine.
The total value of all dangerous drugs was $60,894.47.
You admit to 21 previous convictions on 15 occasions, 8 of those convictions involve dangerous drugs of Part 1 poisons and one of which involves trafficking. You also have two previous convictions for using false instruments. You agree with the antecedents statement, except to the extent that you are now married.
That statement tells me that you are 40 years of age and you were at the time cohabiting with the lady you have now married. You were educated to Form 3. You were earning 15,000 to 20,000 dollars a month as a transportation worker. You reside at Kwai Chung in a unit with your family, including your then girlfriend, and you paid the rent, electricity and other utilities. You admit to being a long‑time “Ice” addict.
On your behalf, Mr Ching entered further mitigation. He told me that the reason for the first offence was that at the time your girlfriend was pregnant and money was needed, that after your arrest she was unable to find the resources to look after a child and had to have an abortion. Despite all, you both married this year.
Mr Ching also referred me to a letter you had written and took me through that letter. In that letter you expressed your remorse and your resolve to turn over a new leaf, and I take that letter into account when sentencing you.
Mr Ching also referred to the assistance that you have rendered to the authorities by providing information on another defendant. I understand this led to his arrest.
Ultimately, I will give you credit for that.
I turn now to the actual sentences.
It has to be acknowledged you have a very poor record and many previous convictions. These offences are serious offences. However, in your favour I note that you were cooperative with the authorities when stopped by the Customs officers, that you have pleaded guilty and that you have rendered assistance to the authorities.
On the 1st charge I take as a starting point 11 years 3 months. That would render a sentence of 7 years and 6 months. However, to reflect your assistance to the authorities I will give you 6-month discount from sentence and you will serve 7 years in respect of the Charge 1.
Charge 2 is one of possession of a small amount of “Ice”, and I take as a starting point 12 months’ imprisonment reduced to 8. That will be served concurrently.
Charge 3 is possession of a forged identity card, I take as a starting point 12 months’ imprisonment reduced to 8, that will be served consecutively.
Charge 4 is one of possession of the two forged warrant cards, I take as a starting point 12 months’ imprisonment reduced to 8 months. That will be served concurrently to give effect to the principle of totality.
That is a total of 7 years and 8 months’ imprisonment.
|