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HCCC 112/2014
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 112 OF 2014
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HKSAR |
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SUM Chi-sing, Mickey |
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| Before: |
Deputy High Court Judge S D’Almada Remedios |
| Date: |
6 January 2015 at 10.27 am |
| Present: |
Mr Bernard Ryan, on fiat, for HKSAR |
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Mr Suen Kam-hee, instructed by Thomas Li & Yu, assigned by the Director of Legal Aid, 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: Defendant, you have pleaded guilty to an offence of trafficking in a dangerous drug contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. You have admitted that on 26 October 2013 at Hoi Hing Building, Fuk Chak Street, Tai Kok Tsui in Kowloon, you unlawfully trafficked in 35.91 grammes of crystalline solid containing 34.48 grammes of methamphetamine hydrochloride. This drug is commonly known as “ice”.
On the day in question, police officers were patrolling inside the building on the 5th floor. They observed you wandering between floors up and down the building. At the time you were carrying a paper bag in one hand and a plastic bag in the other. You were intercepted by the officers.
Upon search of the plastic bag held in your right hand they found two glasses cases, each containing a plastic bag of the drug “ice”. The total amount of these drugs, is as I have stated previously.
It was the opinion of the police officer that the drugs seized could have been sold at street level to drug abusers for some $24,311.
Defendant, you are 42 years of age and have a son with your ex‑wife who is now 14. You married again in 2012 for the second time. You have 10 previous convictions, of which nine are related to dishonesty offences.
Mr Suen Kam-hee, your counsel, has mitigated on your behalf and I have taken into account all that he has had to say. He notes that you have no dangerous drugs convictions at all, not even one for possession of dangerous drugs. Thus, this was the first time you committed an offence of this type. At the time of commission of this offence you were unemployed.
He rightly refers me to the case of Ching Kwok Hung which lays down the tariff guidelines sentence for trafficking in the dangerous drug “ice”. Defendant, your strongest mitigating factor is your plea of guilty.
Defendant, taking into account the quantity of drugs in this case, had you been convicted after trial, I would have taken a starting point of 8 years’ imprisonment. Giving you full credit for your plea of guilty, that term shall be reduced to one of 5 years and 4 months’ imprisonment, to which you shall be so sentenced.
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