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HCCC 496/2013
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 496 OF 2013
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| Date: |
27 January 2014 at 9.42 am |
| Present: |
Mr Peter Power, SADPP, of the Department of Justice, for HKSAR |
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Mr Wong Hing-wai, Newman, instructed by Cheung, Chan & Chung, 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: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, namely 27.58 grammes of a crystalline solid containing 26.98 grammes of methamphetamine hydrochloride.
On 24 July 2013 at about 2.59 am, the defendant was seen walking in Un Chau Street, Shamshuipo. Upon a search, a Marlboro Cigarette packet was found in her jacket pocket, inside of which contained the drugs named in the count. Upon being arrested and cautioned, the defendant claimed that she had bought the drugs for $3,000 and intended to sell it for profit. The seized drugs had an estimated retail value of about HK$18,313.
The defendant is aged 20 and has a clear record. As with all young drug traffickers these days, the defendant is no different. She got into this business because she was desperate financially. The only difference is why she ended up in such a financially straightened circumstance. Mr Wong says, in mitigation on her behalf, that it was due to a boyfriend of hers whom she had moved out of home to live with who tempted her into taking drugs and who got her pregnant and then left her. As a consequence of this disastrous relationship, she lost her job and so she then was easily tempted into becoming a courier for easy money.
However sad the personal circumstances of the defendant, it still does not equal the harm that these drugs would do to society if they were dispersed into Hong Kong society via discotheques or nightclubs to other young people and that is why, as Mr Wong pointed out, the Court of Appeal has laid down guidelines in the case of Ching Kwok Hung [1991] that for trafficking in between 10 to 70 grammes of “Ice” the recommended sentence is 7 to 10 years’ imprisonment. In this case the drugs in question was 26.98 grammes and therefore would merit a starting point of 7 and a half to 8 years’ imprisonment after trial.
Having taken into account the circumstances of the case and the defendant’s background, I would adopt a starting point of 7 and a half years and I would give the defendant the full one-third discount for her plea, thus reducing the sentence to 5 years’ imprisonment.
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