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HCCC 439/2015
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 439 OF 2015
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| Date: |
16 June 2016 at 11 am |
| Present: |
Mr Laurence J Poots, on fiat, for HKSAR |
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Mr John P Marray, instructed by W K To & Co,
assigned by DLA, for the accused |
| Offence: |
(1) & (2) 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 defendantpleaded guilty to two counts of
trafficking in a dangerous drug. The 1st count is
trafficking 972 grammes of “Ice”; the 2nd count is trafficking
in 21.4 grammes of ketamine and 9.57 grammes of “Ice”. On 12 April 2015, shortly after 10 pm, Customs officers intercepted the defendant at the Arrival Hall of Lo Wu Control Point. During a body search, two transparent plastic bags of “Ice” were found wrapped around his waist with plastic tapes. These are the subject matters of the 1st count.
Later, the officers took the defendant back to his home at Flat 308, Fook Wai House, San Tin Wai Estate, Shatin, for a search. The subject matters of the 2nd count were found inside a metal box in a drawer. There were also an electronic scale and some resealable transparent plastic bags.
The defendant admitted that he was the sole occupant of the flat. He claimed that the ketamine in the flat was for his own consumption.
According to the Customs and Excise Department, the street value of the “Ice” found in this case was about $424,000; the value of the ketamine was about $4,900.
The defendant is 27, he was born in the mainland. He came to Hong Kong when he was 6. He completed lower secondary education. He lives with his mother in Hong Kong. He has two previous convictions. He was last discharged in October 2011 for trafficking in a dangerous drug after serving 2 years and 10 months’ imprisonment.
The defendant admitted that he committed the present offence for a reward of about 10,000. He admitted he was addicted to ketamine at the time of the offence.
For the 1st count of trafficking in 972 grammes of “Ice”, according to HKSAR v Tam Yi Chun CACC 524/2011 the starting point is 21 years and 10 months’ imprisonment. I give him a one-third discount for his plea, I sentence him to 14 years and 7 months’ imprisonment for the 1st count.
For the 2nd count, there were two types of dangerous drugs, the starting point for trafficking in 21.4 grammes of ketamine is 4 years and 7 months’ imprisonment.
For trafficking 9.57 grammes of “Ice”, the starting point should be 6 years and 10 months’ imprisonment.
The defendant claims that part of the ketamine is for his own consumption, but he cannot be exact as to the amount. I adopt the principle set out in HKSAR v Tsang Chung Keung [2015] 1 HKLRD 450.
When part of the drugs are for the trafficker’s own consumption, the ensuing discount should be 10 to 25 per cent of the basic starting point. Having considered the defendant’s response under caution and other factors in this case, a 15 per cent discount for the claim of self-consumption of the ketamine is appropriate.
The starting point for trafficking of the ketamine is thus lowered to 3 years and 10 months’ imprisonment. I then adjust the combined starting point for the 2nd count to 7 years’ imprisonment.
I give him a one-third discount for his plea, I sentence him to 4 years and 8 months’ imprisonment.
Taking into account the totality principle, I order that one month of the sentence of the 2nd count be consecutive to the 1st count. The defendant has to serve a total of 14 years and 8 months’ imprisonment.
I have considered enhancement for cross-border trafficking, but I decided not to enhance the sentence any more.
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