|
DCCC 455/2024
[2025] HKDC 563
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 455 OF 2024
------------------------
------------------------
| Before: |
Her Honour Judge Kathie Cheung in Court |
| Present: |
Ms. Tung Kit Man, Stephany, Public Prosecutor, for HKSAR |
| |
Mr. Martyn Richmond, instructed by Messrs. Massie Heung & Clement, assigned by the Director of Legal Aid, for the Defendant |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
------------------------------------------------
REASONS FOR SENTENCE
------------------------------------------------
1. The defendant pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.
Facts
2. On 11 November 2023 at around 0100 hours, the defendant was intercepted and searched by the police outside No. 110 Wan Chai Road, Wan Chai.
3. Upon body search, a packet containing 7.47 grammes of a crystalline solid containing 7.47 grammes of methamphetamine hydrochloride was found in the front-right pocket of the defendant’s trousers. Upon inquiry, the defendant stated that the packet contained “Ice”.
4. In a subsequent record of interview, the defendant stated under caution that he was a Form 8 holder relying on the allowance provided by the ISS; he bought the drug from a stranger in Jordan for HK$700; he lived in a shared flat in Sham Shui Po; he went to Wan Chai for dinner and he was about to return to Sham Shui Po but was arrested.
5. The street value of 7.47 grammes of methamphetamine hydrochloride was estimated to be around HK$4,265.37 at the material time.
Mitigation
6. The defendant is aged 40, born in India and received secondary education in India. He came to Hong Kong in 2009. He is single and a Form 8 holder. He has subsisted on financial assistance from the ISS since 2009. He has a clear record. The defendant has been remanded in custody since his arrest on 11 November 2023.
7. Mr. Richmond has cited the relevant authorities regarding the sentencing guidelines for trafficking in Ice as well as the six-step approach for sentencing in trafficking cases[1].
8. Mr. Richmond suggested the notional starting point for trafficking in 7.47 grammes of Ice was 62.7 months’ imprisonment. Upon my inquiry, he agreed the notional starting point should be about 71 months’ imprisonment. He submitted that the defendant was a mere courier and there was no evidence of international element. However, he accepted the defendant’s immigration status was an aggravating factor and suggested the enhancement should not exceed 3 months given the small quantity of drug involved. As the defendant pleaded guilty to the charge, he should be entitled to the usual 1/3 discount.
Sentence
9. The drug involved is 7.47 grammes of Ice. According to the sentencing guidelines for trafficking up to 10 grammes of Ice, the sentence ranges from 3 to 7 years’ imprisonment[2]. Applying arithmetic calculation to sentencing guidelines, the notional starting point should be 71 months’ imprisonment. I accept apart from the defendant’s immigration status, there is no other aggravating factor in this case. For the defendant’s immigration status, the starting point is to be enhanced by 3 months, making it 74 months’ imprisonment. Given the defendant’s guilty plea, he is entitled to the usual 1/3 discount and the sentence is therefore reduced to 49 months’ imprisonment.
| |
( Kathie Cheung ) |
| |
District Judge |
[1] HKSAR v Herry Jane Yusuph [2021] 1 HKC 458; HKSAR v Lee Ming Ho CACC 130/2019; HKSAR v Tam Yi Chun [2014] 4 HKC 256; HKSAR v Huang Ruifang CACC 106/2022; HKSAR v Ali Saif [2018] 6 HKC 19
[2] HKSAR v Tam Yi Chun [2014] 3 HKLRD 691; HKSAR v Huang Ruifang CACC 106/2022
|