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HCCC 164/2015
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 164 OF 2015
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| Before: |
DHCJ Campbell Moffat, SC |
| Date: |
6 August 2015 at 10.37 am |
| Present: |
Mr Leslie J Parry, on fiat, for HKSAR |
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Mr Nelson H W Lam, instructed by Ivan Tang & Co, assigned by the Director of Legal Aid, 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: Mr Ngai, you have pleaded guilty to trafficking in
dangerous drugs, contrary to sections (4)(1)(a) and (3) of
the Dangerous Drugs Ordinance, Cap 134, and you stand convicted
upon your own plea.
You have pleaded guilty to trafficking in 52.9 grammes of methamphetamine hydrochloride, or “Ice” as it is commonly called.
The facts of the case have already been read out to you by the prosecution, and you have agreed them. But, in essence, you were intercepted at the entrance to Tower 12 of The Reach. You were searched. You were found to have drugs inside your front pocket where there were two transparent resealable plastic bags. We can see that in the photographs 1 to 4 of the photographic bundle.
In interview, Mr Ngai, you said you were a driver earning $10,000 per month, but you said nothing else at that time as is your right.
By reason of your guilty plea today, you accept that you must have had those drugs in your possession to supply them to someone else.
The total value of the drugs you were trafficking was $21,989 in September 2014.
You are now 29 years of age. I have considered your previous offending history, most of which is unrelated to the matters before the court. The last two matters are clearly drug-related. However, those convictions will not affect the sentence I am about to pass.
I have taken into account everything that has been said on your behalf by Mr Lam, including your early indication of plea, limited educational background, your previous employment status as a driver, and that whilst you have been in custody you have become a Christian.
But the relevant sentencing guideline for offence of trafficking in “Ice” HKSAR v Tam Yi Chun [2014] 3 HKLRD 691. For trafficking in-between 10 grammes and 70 grammes of “Ice” the sentencing range is 7 to 11 years. And for trafficking in 52.9 grammes of “Ice”, the starting point is therefore 9 years and 10 months.
However, the prosecution have very fairly conceded that you were a drug user, and that a small amount of that which you had in your possession would have been consumed by you. It was suggested by Mr Lam that the amount for your personal consumption would have been in the order of 4 to 5 grammes. But any discount I give you for that must be balanced against the latent risk that you might have supplied some of that socially to others.
Taking into account everything that he has said on your behalf, I will reduce the starting point by 4 months to 9 years and 6 months.
But, Mr Ngai, the trafficking of dangerous drugs is a very serious offence and deterrence is an overwhelming consideration for the courts. And whilst I have heard of your personal circumstances and the reason for the commission of this offence, in the face of such a serious offence there is nothing which has been said on your behalf which would warrant a more lenient sentence than would otherwise be the case.
So, giving you a full discount for your early indication of plea, which is commendable, the sentence which I passed upon you is one of 6 years and 4 months’ imprisonment.
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