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HCCC 309/2014
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 309 OF 2014
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| Date: |
6 August 2015 at 11 am |
| Present: |
Mr Frederic Whitehouse, on fiat, for HKSAR |
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Mr Adonis K W Cheung, instructed by Tam, Pun & Yipp, 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: The defendantpleaded guilty before me to one count of
trafficking in a dangerous drug.
In sentencing, I have considered the whole circumstances of the case, including its nature and fact, in particular the type and quantity of the dangerous drug involved, the background of the defendant and mitigation put forward on his behalf.
The facts of the case may be summarised as follows. On the evening of 8 March 2014, the defendant was intercepted inside a shopping mall. Upon search it was found inside his rear trouser pocket a plastic bag containing 7 resealable plastic bags. These resealable plastic bags contained “Ice”.
He admitted that:
“I brought these dangerous drugs for somebody. It is my first time to bring the goods for somebody.”
In a subsequent interview the defendant said he was to deliver the item for a reward of $500. He knew it was a dangerous drug but did not know exactly what type of dangerous drug it was.
The quantity of the dangerous drug found in the defendant’s position was 100 grammes of a crystalline sold containing 100 grammes of methamphetamine hydrochloride.
I was told that the defendant is now 29 years of age. He received education up to Form 3 and had worked as a driver earning about $18,000 per month. He was living with his parents and two sisters in a public housing estate flat.
He is not a first time offender. He was convicted in January 2011 for one charge of conspiracy to defraud, three charges of money laundering, and for these offences he was sentenced to a total sentence of 30 months’ imprisonment. He has, however, never been convicted of any drug-related offence.
Learned counsel for the defence, Mr Cheung, urged me to take into account the guilty plea of the defendant, and that the defendant was only a courier playing no role more important than that. He also asked me to accept that there was no aggravating factor existing in the case. The defendant was carrying the drug on behalf of a friend for only a humble reward.
The dangerous drug which the defendant trafficked in was “Ice”. The Court of Appeal held Ching Kwok Hung [1991] 2 HKLR 125 that in a case of trafficking in “Ice” where the narcotic content was between 70 to 300 grammes the sentence should range from 10 years to 14 years’ imprisonment.
In my judgment, a starting point of 10 years and 3 months is appropriate in this case. The defendantpleaded guilty and therefore is entitled to a one-third discount.
In all the circumstances, having regard to everything which learned counsel submitted on the defendant’s behalf, I am of the view that one-third is the extent of discount the defendant is entitled to in this case.
Yes, defendant, please stand up.
For the abovesaid reasons I sentence you to an imprisonment term of 6 years and 10 months.
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