HKSAR v. Lui Kwok Keung

HCCC 310/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 310 OF 2014

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT:

The defendant pleaded guilty to the two trafficking offences.

He admitted the Summary of Facts which disclosed a simple case of the defendant being stopped and searched at the arrival hall of Lok Ma Chau Control Point. Then it was discovered later that the defendant had hidden three pellets of heroin in his body cavity and there was one more packet of drugs found inside his premises.

These two sets of drugs formed the basis of the 1st and 2nd charges. The amount of heroin was 65.27 grammes and 9.18 grammes respectively.

In her mitigation, counsel informed this court that the defendant was now 41 years of age and divorced. He worked as a decorator and he had to travel frequently between Hong Kong and the mainland, as his home was in Hong Kong.

In terms of the defendant’s criminal record, he had a number of convictions for simple possession. That may well be consistent with counsel’s suggestion that the defendant himself had been a drug user.

The two offences involved the same type of drugs and I accept that, for the 2nd charge, part of the drugs could be used for self-consumption. In the circumstances, I decide that in assessing the starting point for the first offence, I would bear in mind the amount of drugs in the 2nd charge. So in the circumstances, I am using the so-called combination approach in dealing with these two charges.

I would use 8½ years as the starting point for the 1st charge. I shall add 1 year to reflect the international element of this trafficking conduct. Therefore the starting point for the 1st charge becomes 9½ years.

I could see no reason not to give the defendant the usual one-third discount to reflect his plea. That leaves a sentence of 6 years and 4 months.

As to the 2nd charge, although I have already incorporated this amount of drugs in assessing the sentence for the 1st charge, for the sake of clarity, I would specify that 3 years is the starting point for the 2nd charge and I would similarly reduce it to 2 years for his plea.

I shall order that the two sentences are to run concurrently in view of the totality principle.

Other than the plea, I see no basis for a further reduction. Hence the sentence I impose is 6 years and 4 months.