HKSAR v. Cheng Tsz Kin

HCCC 230/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 230 OF 2015

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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 charge of trafficking in a dangerous drug, contrary to section (4)(1)(a) and (3) of the Dangerous Drugs Ordinance.

You have admitted that on 25 December 2014 at Yau Oi Estate, Tuen Mun you unlawfully trafficked in 26.0 grammes of a crystalline solid containing 25.7 grammes of methamphetamine hydrochloride, otherwise commonly known as the drug “Ice”.

On Christmas Day that year at about 12.45 in the morning, you were seen by police officers to be sitting on board a taxi in the rear seat with another passenger at Yau Oi Estate. The taxi was parked and remained stationary there for some 30-odd minutes. Thereafter, you alighted from the taxi and were intercepted by police officers. The drugsas mentioned in the charge, was found inside a plastic bag in your trouser pocket.

The estimated street value of the drugs was $11,362.

You have admitted and accepted that you possessed these drugs for the purposes of trafficking.

Defendant, you are a very young man. At the time of the offence you were 16 years of age. You are now 17. You committed this offence shortly before your 17th birthday. You have, at a very young age, committed two previous offences of common assault and theft to which you were sentenced to 15 months’ probation. At that time you were 13.

I am informed by Mr Steve Chui, your counsel, that you committed this offence and your previous offences for two reasons, those are that you were addicted to the drug “Ice” and needed money to support your dependency, as well as your family.

Unfortunately, and very sadly, as many youngsters like you have shown, it was when you became associated with undesirable peer groups that you were introduced to “Ice” and, thereafter, as a result of your addiction you then had to traffic in “Ice” to support your habit.

I am informed that your father had suffered an accident and was unable to work and your mother, being a homemaker, had to care for him. As your family lived on CSSA you were also contributing to their living from your part-time job.

Mr Chui has informed me that he has advised you of the seriousness of the offence and the lengthy custodial sentence that will result as a result of this.

I now know from you from your letter writtento me that you are very remorseful for what you have done. Since your remand you have realised what a serious offence you have committed. You feel guilty that you are in custody and that your grandmother and mother has supported you greatly and visited you regularly whilst in custody.

You are supported here today by your grandmother who is 70 years old, and she has written a heartfelt letter to this court.

Youth is not a mitigating factor in committing this very serious offence.

There are guidelines laid down for trafficking in “Ice” of which Mr Chui has referred to, the case of Ching Kwok Hung, and for the quantity of “Ice”that you were trafficking in falls within the bracket of 10 to 70 grammes of a sentence of 7 to 10 years’ starting point imprisonment after trial. The guideline case is now Tam Yi Chun and for the same bracket a sentence of between 7-11 years imprisonment is appropriate.

The quantity of drugs is one of the principal factors the court will take into account when deciding on the starting point.

Defendant you were trafficking in 25.7 grammes of “Ice”. Had you been convicted after trial, I would have taken a starting point of 7 years and 6 months’ imprisonment. Your greatest mitigating factor is your plea of guilty, and in view of that you will receive the customary one-third discount and you shall be sentenced to 5 years’ imprisonment.