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HCCC416/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 416 OF 2009
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Date:
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11 February 2010 at 10.24 am
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Present:
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Ms Rosaline Leung, SPP of the Department of Justice, for HKSAR
Miss Susanna Ku Pui-fong, instructed by Messrs Y C Lee, Pang, Kwok & Ip, assigned by the Director of Legal Aid, for the Accused
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Offence:
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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 was committed to this court for sentence from Eastern Magistracy on two charges of trafficking in, respectively, 20.02 grammes of heroin, being the 1st charge, and in 180.18 grammes of heroin, being the 2nd charge.
The facts are not unusual. The defendant was stopped in the street during a police anti-drug operation. He was found to have the drugs the subject of the 1st charge concealed in a Marlboro cigarette packet in his trousers pocket.
When taken to his premises for a home search, the drugs the subject of the 2nd charge were found, together with various items of drug-trafficking paraphernalia.
So far as the 1st charge is concerned, I take as an initial starting point a sentence of 5 years' imprisonment. That is enhanced by 3 months to reflect the defendant’s prior history of trafficking. That results in a starting point of 5 years 3 months' imprisonment.
The only mitigation available to the defendant is his plea of guilty. That discounts the starting point of sentence to one of 3 years 6 months' imprisonment.
So far as the 2nd charge is concerned, the defendant asserts, and the prosecution accepts, that the defendant consumed the drugs that were found in his premises as well as possessing them for sale or supply to others. That consumption was at a level of about 3 grammes per day.
I take that into account in adopting an initial starting point of sentence in respect of the 2nd charge of 10 years 6 months’ imprisonment. That is enhanced by 6 months, again to reflect the defendant's prior trafficking convictions. That results in a starting point of 11 years' imprisonment.
Allowing for the defendant's plea of guilty, that is reduced to a sentence of 7 years 4 months' imprisonment.
Having considered totality, I order that the sentences be served concurrently except for a period of 6 months.
That results in a total sentence of 7 years 10 months' imprisonment.
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