|
HCCC 74/2018
[2018] HKCFI 1760
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 74 OF 2018
-----------------
------------------
| Date: |
4 July 2018 at 9.41 am |
| Present: |
Mr Gary Leung, SPP of the Department of Justice, for HKSAR |
|
Mr Phil Chau, instructed by Annie Leung & Co, assigned by DLA, for the accused |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
-----------------------------------------------
Transcript of the Audio Recording
of the Sentence in the above Case
-----------------------------------------------
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 was intercepted for investigation whilst carrying a paper bag containing 37 plastic bags of drugs. The drugs, upon analysis, were found to be 877 grammes of a solid containing 688 grammes of cocaine. He admitted that he collected the drugs pursuant to instructions and was on the way to deliver them to earn a reward of about $4,000.
He is now aged 22 and has a clear record. By way of mitigation I was told that the defendant, having been unemployed for some four months, was enticed into committing this offence for financial gain.
Counsel submitted that the defendant is very remorseful for what he has done and he has a supportive family. Knowing that he will be put away for a long period of time, he promised to behave himself by enrolling in vocational training whilst in remand, so as to prepare himself for re-integration into society upon discharge.
Counsel also asked me to take account of the defendant's young age, his clear record and his role as a courier was not at the higher end of the hierarchy.
In sentencing the defendant, I have taken into account the nature of the offence, the tariff in respect of this sort of drug and also mitigation forwarded by counsel. I have also taken into account his timely guilty plea.
The tariff, as laid down in the case of Abdullah for trafficking in 600 to 1,200 grammes of cocaine is between 20 to 23 years’ imprisonment. For the amount of narcotics in this case, I adopt a starting point of 20 years and I shall give him the full one-third discount for his timely guilty plea.
He is sentenced to 160 months, that is, 13 years and 4 months.
|