HKSAR v. Zou Bicai

Case No.HCCC 17/2017

Court

High Court CFI

Date06 Jun 2017

Judge—

Case Document

100%Judiciary

HCCC 17/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 17 OF 2017

-----------------

	HKSAR
	v
	ZOU Bicai

-----------------

Before:

DHCJ McMahon

Date:

6 June 2017 at 10.07 am

Present:

Mr Duncan Percy, on fiat, for HKSAR
Mr Dick K F Lee, instructed by Anthony Kwan & Co, assigned by DLA, for the accused

Offence:

(1) & (2) Trafficking in a dangerous drug (販運危險藥物)

---------------------------------

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

---------------------------------

COURT:

After a six-day trial, the defendant was convicted by the jury in the present case of each of two counts of trafficking in dangerous drugs.

The facts were straightforward. The defendant was intercepted by patrolling police officers shortly after he left an isolated pavilion located in the vicinity of Kam Tsin South Road in the New Territories. When searched, he was found to be carrying a packet tucked behind the waistband of his trousers. The packet contained 107 grammes of a mixture containing 30.1 grammes of 'Ice', which was divided amongst seven smaller packets. That was the subject of Count 1.

Additionally, in the packet found at the defendant’s waistband was a blister pack of 10 tablets which contained in total 0.06 grammes of nimetazepam. That was the subject of Count 2.

So far as the Count 1 offence is concerned, I take a starting point of sentence of 8 years’ imprisonment. There are no aggravating factors, although there is a distinct possibility the defendant intended to transport the drugs in both counts into the mainland. Nor are there any substantial mitigating factors.

Accordingly, in respect of Count 1, the defendant is sentenced to 8 years’ imprisonment.

So far as the 0.06 grammes of nimetazepam, the subject of Count 2, is concerned, I sentence on the basis of the Ecstasy and ketamine guidelines contained in Secretary for Justice v Hii Siew Cheng and adopt a starting point of sentence of 6 months’ imprisonment.

Again, there are no aggravating factors and nor are there mitigating factors, and the defendant is sentenced to 6 months’ imprisonment.

Given the totality of dangerous drugs contained in the two counts, I am satisfied that the small amount of drug and the nature of the drug involved in Count 2 should not affect the overall sentence I impose and that both sentences of imprisonment in Counts 1 and 2 should be served concurrently.

That is a total sentence of 8 years’ imprisonment.