HKSAR v. CHENG KA WAI

HCCC 49/2019

[2020] HKCFI 2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 49 OF 2019

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

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

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

Transcript of the Audio Recording

of the Sentence in the above Case

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

COURT: The defendant has pleaded guilty before a magistrate to one count of trafficking in dangerous drugs. The dangerous drugs involved are 57.8 grammes of a crystalline solid containing 57.1 grammes of methamphetamine hydrochloride, 7.14 grammes of a crystalline solid containing 3.07 grammes of ketamine and 300 tablets containing 0.56 gramme of phenazepam. The drugs were found on 9 March 2018 by the police inside the defendant’s bedroom.

The defendant is 22 years old. He was educated up to Form 3 level. He has one previous record of possession of dangerous drugs. He was unemployed at the time of his arrest.

Trafficking in dangerous drugs is a very serious offence. A person committed of this offence will inevitably face with a long custodial sentence. For different kind of drugs, the Court of Appeal has laid down different tariffs for sentence.

In the present case, there are three different kinds of drugs involved. I accept the submission by Mr Lau, counsel for the defendant, that a combined approach is appropriate in consideration of the defendant’s sentence. For that purpose, I will regard the quantities involved for ketamine and phenazepam to be quantities of ‘Ice’ and add that on top of the quantity of ‘Ice’ involved. Applying the tariff laid down in the Court of Appeal case of Tam Yi Chun, it is in my view the appropriate starting point for sentence should be 10 years and 4 months’ imprisonment. Taking into account the defendant’s guilty plea and other special circumstances on the papers, I will give a discount of 50 per cent for sentencing the defendant. That is, the sentence for the defendant for this count of trafficking-in-dangerous-drugs offence is 5 years and 2 months’ imprisonment.