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HCCC 222/2020
[2021] HKCFI 1393
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 222 OF 2020
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| Before: |
Hon Andrew Chan J |
| Date: |
13 April 2021 at 10.11 am |
| Present: |
Mr Tsang Ting-hang Michael, SPP of the Department of Justice, for HKSAR |
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Mr Tze Ying-kuen James, instructed by Chan & Ho, assigned by DLA, for the accused |
| 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 has pleaded guilty to one count of trafficking in a dangerous drug in the Magistrates’ Court and is committed to this court for sentence.
On 4 June 2019, the defendant and his vehicle was intercepted by police officers at a roadblock. Inside the car, police officers found five plastic bags containing a total of 53.4 grammes of ‘Ice’.
The street value was estimated to be HK$27,000.
Under caution, the defendant claimed that they were for his own consumption. In the court proceedings below, the defendant however admitted that he was trafficking in those dangerous drug at the material time.
Defendant is 57, a decoration worker earning HK$22,000 per month. He, however, has 15 criminal records, four related to trafficking in dangerous drugs. He was last sentenced to 6 years and 9 months’ imprisonment for trafficking in February 2017 and he was released from prison on 13 March 2018.
Starting point for trafficking in 53.4 grammes of ‘Ice’ is one of 9 years and 10 months’ imprisonment. That, however, is only applicable in relation to a trafficker who has a clear record. As stated above, this is not his first trafficking record. Soon after his release from prison he committed the present offence again. In view of that an additional 1 year will be added.
For the offence the defendant stands convicted, he is therefore sentenced to 86 months’ imprisonment.
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