Mr Andrew Humphrey Bullett, assigned by the Legal Aid Department
HCCC 464/2012
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 464 OF 2012
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Transcript of the Audio Recording of the Sentence in the above Case
COURT: The defendant pleaded guilty to trafficking in 83.09 grammes of heroin hydrochloride.
At about 8.44 am on 9 July 2012, the defendant was intercepted by a Customs officer while entering Hong Kong through the Lo Wu Control Point. The officer found two plastic bags containing eight packets of heroin concealed at his waistband. The defendant said the drug was for his own consumption. According to Customs and Excise the market price for this quantity of drug was about $80,000. The defendant is 49 years old. He has six previous convictions. He was imprisoned for 4 years and 9 months for trafficking in a dangerous drug in 1995. Since his release he operated a tea restaurant in Shenzhen until 2007. He then earned his living as a parallel goods trader but he could not make a good living. He resorted to commit the present offence to earn some money. He is married but separated. He received primary education. He used to support his aged mother. He took dangerous drugs occasionally. The sentencing tariff in Lau Tak Ming is applicable. For 83.09 grammes of heroin hydrochloride in this case the sentence should be 8 to 12 years’ imprisonment. I would enhance the sentence by 6 months to reflect that the heroin was taken across the border to Hong Kong. Having considered the amount of heroin hydrochloride, his background and the mitigation, I take 8 years and 11 months as the starting point. I add 6 months for the aggravating factor. The final starting point is 9 years and 5 months’ imprisonment. I deduct 3 years and 2 months for his plea. I sentence the defendant to 6 years and 3 months’ imprisonment.
At about 8.44 am on 9 July 2012, the defendant was intercepted by a Customs officer while entering Hong Kong through the Lo Wu Control Point. The officer found two plastic bags containing eight packets of heroin concealed at his waistband. The defendant said the drug was for his own consumption.
According to Customs and Excise the market price for this quantity of drug was about $80,000.
The defendant is 49 years old. He has six previous convictions. He was imprisoned for 4 years and 9 months for trafficking in a dangerous drug in 1995. Since his release he operated a tea restaurant in Shenzhen until 2007. He then earned his living as a parallel goods trader but he could not make a good living. He resorted to commit the present offence to earn some money. He is married but separated. He received primary education. He used to support his aged mother. He took dangerous drugs occasionally.
The sentencing tariff in Lau Tak Ming is applicable. For 83.09 grammes of heroin hydrochloride in this case the sentence should be 8 to 12 years’ imprisonment. I would enhance the sentence by 6 months to reflect that the heroin was taken across the border to Hong Kong.
Having considered the amount of heroin hydrochloride, his background and the mitigation, I take 8 years and 11 months as the starting point. I add 6 months for the aggravating factor. The final starting point is 9 years and 5 months’ imprisonment. I deduct 3 years and 2 months for his plea.
I sentence the defendant to 6 years and 3 months’ imprisonment.