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HCCC 190/2017
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 190 OF 2017
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| Before: |
Hon D’Almada Remedios J |
| Date: |
31 July 2017 at 10.57 am |
| Present: |
Ms Noelle A Chit, SPP (Ag) of the Department of Justice, for HKSAR
Mr Wong Po-wing, instructed by Eli K K Tsui & Co, assigned by DLA, for the accused
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| 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:
Defendant, you pleaded guilty to a charge of trafficking in dangerous drugs before a magistrate at the Eastern Magistracy on 5 June 2017 and you were committed here to the Court of First Instance to be sentenced. You admitted that on 5 October 2016, at the Customs Arrival Hall, Lok Ma Chau Spur Line Control Point, New Territories, you unlawfully trafficked in 952 grammes of a crystalline solid containing 910 grammes of methamphetamine hydrochloride.
On 5 October 2016, at about 1843 hours, you passed the green channel of customs clearance at the Customs Arrival Hall at Lok Ma Chau, Lok Ma Chau Spur Line Control Point. You were intercepted and, upon examination, your suitcase and shoulder bag showed suspicious images. A plastic bag containing two bags of white crystalline solid was found inside the suitcase. You were arrested and cautioned. Under caution, you admitted that the two bags contained ‘Ice’. Upon search, another red plastic bag was found inside the suitcase which contained ‘Ice’. In addition, inside your shoulder bag, one white plastic bag containing two bags of ‘Ice’ were also found. In total, there were 15 bags containing the drugs as stated in the charge.
The estimated retail value of the drugs at the time of seizure was $327,488.
You are now 71 years of age. You were divorced in the 1980s. You have two daughters, whom you are no longer in contact with, who are aged 40 and 45. You have an elder sister who is here in court today, aged 80, and an elder brother who is 90.
On the 14 occasions you have appeared in court, you have 20 previous convictions. Those date from 1962 to 2012. You have three convictions related to drugs. One of those was possession of dangerous drugs in 2007 to which you were sentenced to the drug addiction treatment centre. You have two previous similar convictions for trafficking in dangerous drugs. Those were your last two convictions for which, in 2009, you were sentenced to 4 years and 6 months’ imprisonment and in 2012, you were sentenced to 20 months’ imprisonment.
Your counsel, Mr Wong Po-wing, has mitigated fully and thoroughly on your behalf and I have taken into account what he has had to say. He informs me that in July 2013, after you were released from prison, you had received public assistance in the amount of $4,000 a month. However, soon after that, you engaged in parallel goods transportation between Hong Kong and the mainland and stopped receiving public assistance. You would take the daily necessities, things like food and shampoo, across the border. However, on this occasion, you took these drugs from China to Hong Kong and this was your first time to do so.
In your video-recorded interview, you stated that a male approached you after you crossed the mainland border at the Futian Control Point. Then you followed the man to Buji to collect drugs and came back to Hong Kong on your own with the drugs in your luggage. You said that you were promised to have a monetary reward of $10,000 in cash upon successful delivery of the drugs.
Mr Wong has referred me to the correct guideline cases of trafficking in ‘Ice’ of Tam Yi Chun and, in larger amounts, of Abdallah. You were trafficking in 910 grammes of ‘Ice’ and the guideline starting point for traffickers after trial, subject to enhancement, between 600 to 1,200 grammes, is that of 20 to 23 years’ imprisonment.
Had you been convicted after trial, Defendant, an appropriate starting point would be 21 years and 6 months’ imprisonment. You were importing these drugs from the mainland and, as a result, an international element is involved which is an aggravating factor calling for the enhancement of the starting point. You were trafficking in just under 1 kilogramme of ‘Ice’ and, in the circumstances, I enhance your sentence by 21 months’ imprisonment, which makes the sentence point 23 years and 3 months’ imprisonment.
A further aggravating factor which calls for enhancement is the fact that you have previously been convicted of trafficking in dangerous drugs. I therefore further enhance your sentence by a further 3 months. That makes a starting point of 23 years and 6 months’ imprisonment.
Your strongest plea in mitigation is your plea of guilty and, therefore, you shall receive the full one-third discount and you are sentenced to 15 years and 8 months’ imprisonment.
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