Mr Trevor Beel, instructed by Messrs Knight & Ho, assigned by Director of Legal Aid
HCCC 49/2010
HCCC49/2010
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 49 OF 2010
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Before:
Hon McMahon J
Date:
31 March 2010 at 9.49 pm
Present:
Mr P.J. Power, SADPP of the Department of Justice, for HKSAR Mr Trevor Beel, instructed by Messrs Knight & Ho, assigned by Director of Legal Aid, 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
COURT: The 36 year old defendant pleaded guilty to an offence of trafficking in 568.54 grammes of heroin hydrochloride and 186.65 grammes of monoacetylmorphine hydrochloride as a result of having being committed to this court for sentence pursuant to Section 81B of the Magistrate’s Ordinance.
The facts are straightforward. The defendant was intercepted at Hong Kong International Airport after arriving here on a flight from Kathmandu. He had inside his abdomen multiple pellets containing the charged drugs. The drug monoacetylmorphine hydrochloride is a salt of esters of morphine and, in my view, is to be treated as heroin for sentencing purposes. I proceed therefore on the basis the defendant was trafficking in 755.19 grammes of narcotic and that the guidelines in Lau Tak Ming apply. I take a starting point of sentence of 21 years’ imprisonment. That is enhanced to 22 years to reflect the International dimension of the offence. Giving full allowance for the defendant’s plea of guilty which, in my view, is the only mitigation available to him, he is sentenced to 14 years’ 8 months’ imprisonment.
The facts are straightforward. The defendant was intercepted at Hong Kong International Airport after arriving here on a flight from Kathmandu. He had inside his abdomen multiple pellets containing the charged drugs.
The drug monoacetylmorphine hydrochloride is a salt of esters of morphine and, in my view, is to be treated as heroin for sentencing purposes.
I proceed therefore on the basis the defendant was trafficking in 755.19 grammes of narcotic and that the guidelines in Lau Tak Ming apply.
I take a starting point of sentence of 21 years’ imprisonment. That is enhanced to 22 years to reflect the International dimension of the offence.
Giving full allowance for the defendant’s plea of guilty which, in my view, is the only mitigation available to him, he is sentenced to 14 years’ 8 months’ imprisonment.