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HCCC320/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 320 OF 2009
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HKSAR |
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v. |
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Fung Chun-wang, Thomas |
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Before:
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Deputy High Court Judge Geiser
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Date:
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1 December 2009 at 10.24 am
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Present:
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Mr Harish Melwaney, SPP, of the Department of Justice, for HKSAR
Mr Chan W S Raymond, instructed by Shea & Company, for the Accused
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Offence:
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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: Defendant, you appear before me today for sentence, having pleaded guilty in the court below to trafficking in 53.77 grammes of a crystalline solid containing 53.46 grammes of methamphetamine hydrochloride, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134, Laws of Hong Kong.
The Summary of Facts which you have admitted indicate that, on 5 June of this year, at about 1941 hours, you were stopped as you passed through the Green Channel at the Customs Arrival Hall at Lo Wu Control Point. You were searched, and inside your left sports shoe were found the drugs being the subject matter of the charge.
You told the Customs Officer that you were carrying the “Ice” to Mongkok where you were to wait for someone’s phone call. You are 49 years of age now and you have no previous criminal convictions in Hong Kong. I am told that you committed this offence to earn some quick cash as, at the time, you were unemployed and needed money to assist with your girlfriend’s medical expenses. Your reward for carrying these drugs into Hong Kong never materialised as you were intercepted and caught before you were able to deliver the drugs.
In passing sentence on you, I take into account all that has been said on your behalf, including the fact that you have never transgressed the law before. I have also taken the opportunity of reading the letter that you have written to me, expressing your sense of shame and disappointment in yourself, and I also note the letters of support that I have received from your family members.
However, the only real mitigation is your early plea of guilty to this charge which is an expression of your remorse and I will give you full credit for that, which will be reflected in my sentence.
I take as my starting point a sentence of 8½ years’ imprisonment. This will be reduced by one-third to take account of your plea of guilty, coming to a sentence of 5 years 8 months’ imprisonment.
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