HKSAR v. Cheung Man Sang

HCCC 401/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 401 OF 2016

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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 one count of trafficking in a dangerous drug in the magistrate court. He was committed to this court for sentence.

Summary of Facts reveals the followings. On 16 February 2016, the defendant was intercepted by customs officers at the Arrival Hall of Lo Wu Control Point. In the rucksack that the defendant was carrying at the time, customs officer found 1,946 grammes of ‘Ice’. Under caution, the defendant told the Custom officer that he was promised HK$11,000 for the delivery.

The value of the ‘Ice’ was estimated to be slightly over HK$600,000.

Guidelines on sentencing are clear. Starting point for trafficking in 1.9 kilogrammes of ‘Ice’ is slightly less than 24 years’ imprisonment. However, this is not the first time that the defendant had committed offence relating to drugs. He has two previous similar convictions, one related to trafficking in dangerous drugs and one related to conspiracy to traffic in a dangerous drug. As such, the starting point is enhanced to one of 24 years’ imprisonment. This case also involves cross border trafficking which enhances the overall culpabilities of the defendant. Because of the presence of this aggravating feature, I am of the view that the proper starting point or the overall starting point in this case should be set at 26 years’ imprisonment. The defendant, of course, will be given the full one-third discount in this case.

In conclusion, the defendant is sentenced to 17 years and 4 months’ imprisonment.