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HCCC 31/2019
[2019] HKCFI 1845
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 31 OF 2019
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| Date: |
2 July 2019 at 10.14 am |
| Present: |
Miss Lily Yip, PP of the Department of Justice, for
HKSAR |
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Ms Manyi Tsang, instructed by Lee Wong & Co, 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 defendant has pleaded guilty to one count of trafficking in a dangerous drug, namely 856.9 grammes of a solid containing 759.2 grammes of cocaine.
The facts reveal that the defendant was not simply a courier, but his involvement in this nefarious and evil trade is deeper than that. The facts reveal that when the police went to the premises, they saw a tin-sheet house and when they entered, they saw the defendant coming out from Flat B4 and followed by another male surnamed Kong. In the defendant’s left trouser pocket was a plastic bag containing a total of 11.9 grammes of a solid containing 11.2 grammes of cocaine.
Under caution, he admitted that he was taking these drugs from the house for sale. Upon a search of the Flat B4 was found 29 resealable plastic bags containing a total of 607 grammes of a solid containing 536 grammes of cocaine. Also found was a transparent plastic bag containing 10 resealable plastic bags containing a total of 238 grammes of a solid containing 212 grammes of cocaine. Amongst other things was also found four electronic scales, a box of bicarbonate soda and bundles of resealable plastic bags of different sizes. No furniture or personal household items were found inside the flat.
Obviously, the scales were used for measuring the dangerous drugs. The resealable plastic bags were for carrying or containing the dangerous drugs, so obviously this appears to be a packaging operation.
The estimated market retail value was over HK$1 million.
The defendant claims he was unemployed. He is aged 21 and has three previous convictions, nothing to do with drugs. In his mitigation letter to this court, which Ms Tsang has read out, it would appear that he prays in aid the fact that he came from a broken family and that he has great care for his mother who had to work two jobs and suffered from exhaustion and he was tempted by the easy money which his friend offered him. He told the police after arrest and under caution that all the drugs belonged to him which was found in the Flat B4.
As Ms Tsang had pointed out, the Court of Appeal has already laid down guidelines for the trafficking of cocaine that it should follow the guidelines laid down by the Court of Appeal in Lau Tak Ming for heroin. However, the Court of Appeal has a very recent case in the case of Abdallah Anwar Abbas in 2009, reported at 2 HKC at page 197 where the Court of Appeal said that for trafficking in this drug of 600 to 1,200 grammes, the guideline sentence recommended after trial is from 20 to 23 years. Therefore for this amount of cocaine, it would merit a starting-point sentence of 20 to 21 years’ imprisonment. Taking into account all the facts in this case, I consider that a proper starting point is 20 years’ imprisonment.
I have taken into account the fact that this is his first drug-related offence. There is no mitigation apart from the fact that he had pleaded guilty in the Magistrates’ Court. I will give him the one-third discount and the defendant will serve a term of 13 years and 4 months’ imprisonment.
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