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HCCC247/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 247 OF 2009
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HKSAR |
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CHEUNG CHUNG-HO (張仲豪) |
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| Before: |
Deputy High Court Judge P Li |
| Date: |
18 January 2010 at 10.40 am |
| Present: |
Mr W T Chiu, SPP of the Department of Justice, for HKSAR
Mr David Rex Boyton, instructed by M C A Lai & Co., for the Accused |
| Offence: |
(1) & (3) Trafficking in a dangerous drug(販運危險藥物)
(2) Manufacture of a dangerous drug (製造危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: Defendant, you may sit down and listen to the reasons for sentence.
The defendant pleads guilty to two counts of trafficking in a dangerous drug and one count of manufacture of a dangerous drug. The amounts of cocaine in the trafficking charges were 14.25 grammes and 49.84 grammes respectively.
On 19 January year 2009, at about 2329 hours, the defendant was intercepted by a team of police officers at the 5th floor car park, near the entrance of Block 7, The Pacifica, Sham Shing Road, Cheung Sha Wan. He was with his girlfriend who was released after investigation. The police found three resealable plastic bags from his right trousers pocket, two of which contained 32 smaller packets. All these bags contained solid cocaine. These items were the subject matter of the 1st count.
The defendant admitted under caution that he was taking the drugs to someone, and asked for a chance. Later, at about 2350 hours, the police searched the defendant’s home at Flat F, 9th Floor, Block 7, The Pacifica.
The following items were found on top of a kitchen closet: a red frying pan; an electronic scale; a plastic box; a metal spoon; a calculator; a red lighter and a yellow lighter with traces of cocaine on all of them; three resealable transparent plastic bags and a piece of paper containing solid cocaine - these were the subject matter of the 3rd count; a shoebox containing two piles of resealable plastic bags of different sizes - one of the plastic bags contained .35 grammes of cocaine hydrochloride; three glass beakers with traces of cocaine.
The police further found the following items at the upper compartment of the kitchen closet: (a) five glass beakers with traces of cocaine; 20 boxes of sodium bicarbonate, weighing about 309 grammes. This chemical might be used to manufacture cocaine based from cocaine hydrochloride.
The defendant admitted, under caution, that he used the apparatus to manufacture cocaine base. He did it for monetary reward. The cocaine needed was supplied by Sai B. He bought all the apparatus as instructed by Sai B. According to the Government Chemist, Dr Anna Leung, cocaine base is in solid form, could be made from cocaine hydrochloride by adding sodium bicarbonate. In general, one gramme of cocaine hydrochloride requires 0.25 grammes of sodium bicarbonate to produce 0.9 grammes of cocaine base.
The market price of the cocaine found in this case was about $50,198.
The defendant is 32. He is single and has a clear record. He attained Form 2 in education. He is not a drug addict. He worked as an electrical technician and public light bus driver before. He was unemployed for about one year before his arrest.
For trafficking in cocaine the sentencing tariff set out in HKSAR v Lau Tak Ming is applicable. For the quantities of cocaine in the 1st count and the 3rd count, the starting point should be 5 to 8 years’ imprisonment. For the 1st count involving 14.25 grammes of cocaine, I take 5 years and 3 months as the starting point. I deduct 21 months for his plea. I sentence him to 3 years and 6 months’ imprisonment. For the 3rd count involving 49.84 grammes of cocaine, I take 8 years as the starting point. I deduct 2 years and 8 months for his plea. I sentence him to 5 years and 4 months’ imprisonment.
As to the 2nd count of manufacturing of a dangerous drug, I bear in mind the principles set out in HKSAR v Wong Ping Kay. I have also considered the sentence in HKSAR v Ip Yuet Ho, in which the defendant was sentenced to 8 years and 8 months for manufacturing and trafficking in cocaine. The quantity of cocaine found was 50.7 grammes.
I note that the total quantity of cocaine found in this case was about 64 grammes. There were six beakers, an electronic scale and other apparatus with traces of cocaine. Many resealable plastic bags were also seized. Most importantly, there were also 20 boxes of sodium bicarbonate, about 309 grammes, which was essential in the process of manufacturing cocaine. I accept that it was a small scale operation and the defendant was the only operator. However, the 309 grammes of sodium bicarbonate indicated that the defendant could have produced more cocaine had he not been arrested. I calculate the approximate quantity of cocaine base which could be produced according to the information from Dr Leung. Had all sodium bicarbonate been used, a further 1,100 grammes of cocaine base could be produced theoretically. This is an aggravating factor and makes the scale of operation in this case larger than those in Wong Ping Kay and Ip Yuet Ho.
Having considered all the above, I take 14 years as the starting point. Four years and 8 months are deducted for the plea. I sentence the defendant to 9 years and 4 months’ imprisonment for the 2nd count.
Bearing in mind the totality principle, I order that the sentence of the three counts to run concurrently.
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