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HCCC 255/2017
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 255 OF 2017
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| Date: |
19 October 2017 at 10.43 am |
| Present: |
Miss Lily Yip, PP of the Department of Justice,
for HKSAR |
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Mr Lau Chiu-lun Steven, instructed by Au & Associates,
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 pleaded guilty to one charge of trafficking in a dangerous drug, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.
He arrived at the Lo Wu Border Arrival Hall and was searched by the custom officers. He was found to be in possession of the drugs in question. That is a total of 360 packets of heroin inside his underwear. He subsequently admitted that a person called Ah Kwai would contact him and he was promised a reward of $1,000 to bring the drugs into Hong Kong.
The drugs upon analysis were found to be 72.03 grammes of a mixture containing 55.64 grammes of heroin hydrochloride.
The market value of the heroin was around HK$50,000.
The defendant has one previous conviction of criminal intimidation in December 2013 for which he received a 5 weeks’ imprisonment suspended for 12 months.
By way of mitigation, I was told that the defendant is now aged 45. He is married and has a young daughter now aged 6. Prior to his arrest, he worked as a casual delivery worker. He committed the present offence because of financial difficulties. Counsel urged me to take into account the fact that he had cooperated with the Customs and Excise after his arrest and his guilty plea at the earliest possible instance and to sentence him as leniently as possible.
In sentencing the defendant, I have considered his guilty plea, mitigation forwarded by counsel and the existing tariff for trafficking heroin. For narcotics between 50 to 200 grammes, the tariff is one between 8 to 12 years. The amount of heroin involved in the present is 55.64 grammes, I adopt a starting point of 8 years’ imprisonment. For the cross border factor, I enhance it by 6 months to 8½ years. I shall give him the full one-third discount for his plea.
He is sentenced to 68 months’ imprisonment.
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