HKSAR v. NG CHEUK TING

HCCC101/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 101 OF 2012

-----------------

---------------------------------

Transcript of the Audio Recording
of the Sentence in the above Case

---------------------------------

COURT: The defendant pleaded guilty to one charge of trafficking in a dangerous drug contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.

The defendant was intercepted whilst leaving his flat by police officers who laid ambush outside. Drugs were found inside his flat with other paraphernalia of packaging, including electronic scale, resealable plastic bags and two bottles of soda powder. He told police officers that he was acting to divide and distribute the drugs for delivery under instructions from another person.

Upon analysis, the drugs were found to be 1,994.38 grammes of a solid containing 1,448.82 grammes of cocaine with a market value of HK$1.77 million.

The defendant has five previous convictions. The last conviction was back in 2005 for an offence of possession of dangerous drugs. He was sentenced to the Training Centre. He was last discharged from the Training Centre in April 2007. He is now 23 and I am told that, after graduation from form 3, he became a logistics worker. He had committed the present offence due to his financial difficulties.

In sentencing the defendant, I have considered his guilty plea, mitigation forwarded by counsel and the existing tariff laid down in the case of Abdallah. According to that case, trafficking in cocaine weighing between 1,200 to 4,000 grammes, the tariff is one between 23 and 26 years. The present case involves 1,448.82 grammes of cocaine. I adopt a starting point of 23 years’ imprisonment.

The greatest mitigation in this case is his guilty plea. I shall give him the full one-third discount for his timely guilty plea.

He is sentenced to 184 months’ imprisonment, which is 15 years and 4 months.