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HCCC 84/2017
[2019] HKCFI 1115
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 84 OF 2017
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| Date: |
25 January 2019 at 11.31 am |
| Present: |
Mr Edward Laskey, leading Ms Michelle Liu, on fiat, for
HKSAR |
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Mr Cheung Chi-fai Victor, instructed by Johnnie Yam,
Jacky Lee & Co, for the accused |
| Offence: |
(1) Trafficking in dangerous drugs (販運危險藥物) |
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(2) Tenant permitting premises to be used for unlawful trafficking in dangerous drugs (租客准許處所作非法販運危險藥物之用) |
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(3) Possession of a dangerous drug (管有危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT:
Chan was convicted after trial of the 1st count of trafficking in a dangerous drug, namely, 24.42 grammes of a crystalline solid containing 23.98 grammes of methamphetamine hydrochloride and 18.31 grammes of a mixture containing 14.43 grammes of heroin hydrochloride. He was also convicted by the jury on the 3rd count in the indictment for possession of a dangerous drug, namely, 0.17 grammes of a crystalline solid containing 0.16 grammes of methamphetamine hydrochloride.
Now, this is no ordinary case of trafficking. It is not a simple courier taking drugs from one place to another. The defendant was a tenant of the premises in Unit A in Shui Wo Street, Kwun Tong, and those premises were openly being used for packaging in dangerous drugs. When the police entered the unit, the drugs were openly displayed on all the tables in the unit, and a CCTV camera had been installed at the front door in order for the person inside to monitor who was at the door, at the gate and the corridor. Also found on the premises was a scale and “Ice” pots and the resealable transparent plastic bags. It was not a small operation. When the police raided the premises, apart from this defendant inside the premises were also other people. So a total of six persons, including the defendant, were arrested from those premises.
As far as the background of the defendant is concerned, he is aged 51 and he has a poor criminal record, some 20 previous convictions, six for possession of dangerous drugs and one for trafficking.
The drugs, as I have indicated, were made up of heroin and methamphetamine hydrochloride, and I would take the approach adopted in Yip Wai Yin [2004] 3 HKC 367 which is the combined approach. And if one added the amounts of methamphetamine with heroin hydrochloride would give us in the region of 38.41 grammes. And so if following the guidelines in Tam Yi Chun [2014] 3 HKLRD 691 for methamphetamine, it would be in the region of 7 to 11 years for trafficking in between 10 to 70 grammes.
As I have said, the Court of Appeal in fact has said that in assessing sentence, the individual judge has to look at the individual cases. It is not a mathematical approach. The sentencing guideline laid down is merely a general guideline, and still the individual sentences have to be tailored to the facts of a particular case. As I have said, this is not an ordinary case of courier trafficking, carrying drugs from one place to another. This was not a small operation of packaging dangerous drugs either. As Mr Cheung correctly pointed out, there is no mitigating factor in this case.
I would therefore adopt a sentence of 9 years as starting point and since there is no mitigating factor that I can see, I will sentence the defendant on the 1st count to 9 years’ imprisonment. Now, the 3rd count is for possession of dangerous drugs, and I would sentence on that count to
6 months’ imprisonment, and both sentences will be served concurrently.
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