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HCCC118/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 118 OF 2009
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Before: Deputy High Court Judge Geiser
Date: 22 June 2009 at 2.35 pm
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Present:
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Ms Winnie Lam, SPP of the Department of Justice, for HKSAR
Mr Edward Laskey, instructed by Ivan Tang & Co., 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 have pleaded guilty to a single charge of trafficking in a dangerous drug contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134, Laws of Hong Kong, the particulars being that, on 20 November of last year, at the Customs Arrival Hall, Lok Ma Chau Border Control Point, you unlawfully trafficked in 494.46 grammes of a power containing 408.76 grammes of ketamine.
The Summary of Facts, which you have admitted, quite simply reveal that, when you were coming through the Customs Arrival Hall at Lok Ma Chau Control Point, you were intercepted by a Customs officer who, as a result of a search on you, found two Ziplok bags taped to your thigh. The contents of the bags proved to be ketamine, the subject matter of the charge.
Under caution and in a later interview, you told the authorities that you had been asked by a person called Ah Wai, whom you had previously met in a disco, to bring the drugs into Hong Kong for a reward of $5,000.
I can tell you, Defendant, that it gives me no pleasure whatsoever to have to sentence you today. You are 24 years of age and are of hitherto good character. All the letters of support that I have read speak highly of you and it is a pity that you have succumbed to temptation and brought shame to your friends and family, particularly your mother.
In sentencing you, I reject any suggestion that this offence was committed by you as a result of any force or threats uttered to you by Ah Wai. But I do accept that you found yourself under immense pressure as, at the time, you needed money to assist your mother for medical expenses for her serious illness. Were it not for that, I have no doubt that you would not have committed this offence which I think can rightly be said to be totally out of character.
You have had the courage to plead guilty to this offence which is an indication of your genuine remorse and I will give you full credit for that.
The guidelines for sentencing in this amount of ketamine can be found in the case of Secretary for Justice v Hii Siew Cheng, Application for Review No. 7/2006. Accordingly, I will adopt a starting point of 10 years’ imprisonment.
This will be discounted by one-third to reflect your plea of guilty, coming to 6 years 8 months’ imprisonment. I will give you a further discount of 4 months’ imprisonment to reflect those other matters of mitigation that I have referred to, arriving at a sentence of 6 years and 4 months’ imprisonment.
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