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HCCC 367/2017
[2018] HKCFI 411
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 367 OF 2017
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| Date: |
13 February 2018 at 10.16 am |
| Present: |
Ms Lilly Wong, SPP (Ag) of the Department of Justice, for HKSAR |
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Mr Chang Peng Geoffrey, instructed by Edward Lau, Wong
& Lou, assigned by DLA, for the accused |
| Offence: |
(1) Trafficking in a dangerous drug (販運危險藥物) |
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(2) 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:
The defendant pleaded guilty to one count of trafficking in 296.02 grammes of ‘Ice’ and one count of possession of 183.4 grammes of herbal cannabis. He was committed to this court for sentence.
At about 9 pm on 14 December 2016, police officers intercepted the defendant at the staircase of a building at No 658 Shanghai Street, Mong Kok. There was nothing suspicious found on him. The police then entered the flat on the 2nd Floor using the keys found from the defendant. They searched the defendant’s room. They found a plastic box in a drawer under the bed. Inside the box were 15 plastic bags containing 296.02 grammes of ‘Ice’, an electronic scale and some empty resealable plastic bags. There was also a plastic bag of herbal cannabis inside the drawer. The defendant admitted that the cannabis was his. He had bought the ‘Ice’ and kept it inside the plastic box.
According to the police, the value of the ‘Ice’ was about $100,000. The value of the herbal cannabis was about $50,000.
The defendant is 48. He received education up to Form 2. He had the habit of taking cannabis. He was a transportation worker at the time of the offence. He has 16 previous convictions with four convictions of trafficking in a dangerous drug. He was last sentenced to 5 years and 2 months’ imprisonment in December 2012 for trafficking in a dangerous drug. He is divorced with no child. His father is about 80, living in Shenzhen. He committed this offence for quick money. In his letter to this court, the defendant promises not to take dangerous drugs again. He is remorseful.
According to Tam Yi Chun’s case, I take 15 years as the starting point for trafficking in 296.02 grammes of ‘Ice’. I give him 5 years discount for his plea. I sentence him to 10 years’ imprisonment.
For the 183.4 grammes of herbal cannabis. I sentence him to 1 month’s imprisonment given his plea. I order this sentence to run consecutive to the 1st charge.
The defendant has to serve a total of 10 years and 1 month’s imprisonment.
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