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HCCC231/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 231 OF 2009
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| Before: |
Deputy High Court Judge E Toh |
| Date: |
8 September 2009 at 9.46 am |
| Present: |
Miss Anna Lai, SPP of the Department of Justice, for HKSAR
Mr Trevor Beel, instructed by K Y Lo & Co., 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: Defendant, please stand. Defendant had pleaded guilty at his committal to one count of trafficking in a dangerous drug, namely, 65.98 grammes of a crystalline solid containing 16.06 grammes of methamphetamine hydrochloride.
The facts are that on 2 February 2009, the defendant was stopped when he tried to open the door to his flat. Upon a search, a packet of suspected dangerous drugs was found from the right front pocket of his jeans and that is the subject matter of the charge. Also found on his person was one electronic scale and a quantity of resealable plastic bags.
The defendant was arrested and, under caution, the defendant frankly admitted that the ice was his and it had nothing to do with his friend. Nothing suspicious was found inside the flat. The defendant admitted, under caution, subsequently, that he had bought the drugs for $40,000 and had intended to repackage these drugs into smaller packets to sell at night entertainment establishments in order to try and make a profit. The drugs were subsequently examined by the Government Chemist and the estimated retail value was about HK$49,682.
Defendant is aged 38 and has a poor record. He has been convicted on 14 previous occasions, five of them to do with dangerous drugs although, admittedly, those were for possession and this is the first time that he has been convicted of trafficking in a dangerous drug.
He was discharged from a drug-addiction treatment centre in May 2008 but, unfortunately, he was arrested for this offence less than a year later. As Mr Beel pointed out, the only mitigating factor in this case is the fact that he had pleaded guilty at the earliest opportunity and, because of that, he is entitled to one-third discount of the sentence.
The Court of Appeal has laid down guidelines for sentencing in trafficking in methamphetamine hydrochloride in the case of AG v Ching Kwok-hung [1991] 2 HKLR 125 where it is suggested that for trafficking in quantities of 10 to 70 grammes, a sentence of 7 to 10 years is recommended. In this case, the amount of methamphetamine hydrochloride is 16.06 grammes, therefore, I would take a starting point of 7 years.
So giving the defendant one-third off for his plea of guilty, the sentence is 4 years and 8 months.
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