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HCCC 261/2018
[2019] HKCFI 841
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 261 OF 2018
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| Date: |
8 March 2019 at 10.30 am |
| Present: |
Ms Grace Chan, SPP of the Department of Justice, for
HKSAR |
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Mr David A S Khosa, instructed by Jim & Co, assigned by
DLA, 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 pleaded guilty to one count of trafficking in 225 grammes of “Ice” in the Magistrate’s Court on 20 August 2018. He was committed to this court for sentence.
Shortly before 6 pm on 7 December 2017, police officers intercepted the defendant’s girlfriend outside Room 1015, Luk Chuen House, Lek Yuen Estate, Shatin. Later, when the officers demanded to enter the flat, the defendant did not open the wooden door. The police then broke into the flat and subdued the defendant at the balcony.
The officers found a resealable plastic bag containing nine bags of “Ice” outside the toilet. These bags of “Ice” are the subject matter of the charge. There was also an electronic scale on the table in the living room. The defendant admitted under caution that the “Ice” was for sale.
According to the police, the value of the “Ice” was about $80,000.
The defendant is 38. He received education up to Form 2. He used to help in his father’s shop. He has seven previous convictions with two convictions of trafficking in a dangerous drug in 2005 and 2008. He was last sentenced to 8 years’ imprisonment in 2011 for possession of arms. He was a drug addict.
Shortly after his arrest, his urine was positive for cocaine. Mr Khosa submits that the defendant took “Ice” and cocaine from time to time. He would buy in bulk for sale to support his addiction but keep some for self-consumption. However, it is not a case that a significant amount is for self-consumption. Mr Khosa leaves it to this court’s discretion as to further reduction for this self-consumption factor.
While the defendant might have the habit of switching to different kinds of drug, the urine test shows that he must be consuming cocaine at the time of the offence. I do not think he deserves any further reduction given the circumstances.
His girlfriend tells this court in a letter that the defendant committed the present offence to pay for the heart surgery expenses of her 2-year-old daughter. She maintains that the defendant is not an evil man. She pleads for leniency.
I must say the defendant’s conduct is not acceptable by any standard. His conduct creates more problem than it could solve, not to say it is the most selfish conduct.
According to Tam Yi Chun case, I take 13 years and 8 months’ imprisonment as the starting point for trafficking in 225 grammes of “Ice”. I give him 4 years and 7 months’ discount for his plea. I sentence the defendant 9 years and 1 month’s imprisonment.
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