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HCCC51/2010
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 51 OF 2010
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Before:
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Deputy High Court Judge Andrew Chan
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Date:
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1 April 2010 at 9.43 am
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Present:
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Mr Chui Wai Tin, SPP of the Department of Justice, for HKSAR
Miss Karen Cheung, instructed by Messrs Tang, Wong & Chow, 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 pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. He was committed to this court for sentence.
The Summary of Facts which was admitted by the defendant revealed the following: on 7 October 2009, the defendant was intercepted by Customs officers at Lo Wu Control Point.
26.65 grammes of methamphetamine (Ice) was found from the defendant’s underpants.
Under caution, the defendant admitted that he had been asked by someone to deliver the drug to Kowloon for a reward of $1,000. The street value of the drug is estimated to be HK$20,000.
The guidelines in sentencing are to be found in the case of Attorney General v Ching Kwok Hung CAAR15/1990. The starting point for trafficking 10 to 70 gramme of Ice is 7 to 10 years.
In the absence of any aggravating factors, the starting point for trafficking in 26.65 grammes of Ice should be set at 7 years and 9 months. However, this is not the first time the defendant committed such offence. He was once sentenced to 7 years 4 months in 2001 for exactly the same offence.
As such, the starting point is increased by 6 months to 8 years and 3 months. The defendant will be given the usual one-third discount.
For the sole offence that the defendant stands convicted, he is sentenced to 5½ years’ imprisonment.
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