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HCCC 58/2017
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 58 OF 2017
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| Date: |
19 July 2017 at 9.42 am |
| Present: |
Miss Lily Yip, SPP (Ag) of the Department of Justice, for HKSAR
Mr Victor Cheung, instructed by Director of Legal Aid, for the accused
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| 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 charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. He pleaded guilty in the Magistrates Court and was committed to the Court of First Instance for sentence.
He was stopped by police officers inside a shopping arcade in Kowloon and a body search on him resulted in two plastic bags of ‘Ice’. Under caution, he remained silent. In a subsequent video-recorded interview, he said that a friend of his, whom he got to know 10 years ago, asked him to deliver drugs and he agreed. He received instructions from that friend and collected the two bags of ‘Ice’ from an unknown male in Kwun Tong. He was instructed to deliver those drugs to that shopping arcade and when he was in the arcade, he was arrested. He was promised $1,000 as a reward. His counsel told me this morning that he had not yet received that reward.
Upon analysis, the drugs were found to be 1,993 grammes of a crystalline solid containing 1,494 grammes of methamphetamine hydrochloride. The market value of the drugs was estimated at around $715,000.
The defendant has two previous convictions back in 2014. They are not similar to the present offence and not drugs-related.
He is now aged 28 and according to his antecedents statement, he had worked as a scaffolding worker and was unemployed at the time of his arrest. His counsel today handed up two mitigation letters, the contents of which I have carefully perused. In the one written by the defendant, he expressed that during his remand, he had deeply reflected on himself and he realises his naivety at the time of the commission of the offence. He is very remorseful and promised to turn over a new leaf.
In sentencing the defendant, I have considered his guilty plea, mitigation forwarded by counsel on his behalf and the existing tariff for trafficking in ‘Ice’. According to the case of Tam Yi Chun, the sentencing tariff for trafficking in ‘Ice’ has been recast which means, for an amount of 600 grammes and over, we have the same tariffs as are prescribed in Abdallah for those quantities of heroin.
The present case involves 1,494 grammes of ‘Ice’ which falls within the 1,200 to 4,000 grammes tariff, between 23 to 26 years. I adopt a starting point of 23 years’ imprisonment.
I shall give him the full one-third discount for his plea. He is sentenced to 15 years and 4 months.
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