HKSAR v. Yip Yin Shing
Read the full judgment text of HCCC 209/2017 on BabelCite. This High Court CFI judgment was delivered on 18 October 2017.
|
HCCC 209/2017 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CRIMINAL CASE NO 209 OF 2017 -----------------
-----------------
----------------------------------------------- Transcript of the Audio Recording ----------------------------------------------- COURT: The defendant pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134. He was intercepted by the police at the small hours whilst he was leaving a flat. He was found to be carrying inside his brown colour recycle bag, a transparent packet of drugs. Further search inside the flat revealed another packet of drugs. The defendant admitted that he was the tenant and he was recruited to traffic in dangerous drugs. That afternoon, he was instructed to collect two packets of drugs for distribution which he did. He was intercepted when he was delivering the drugs. He was promised $15,000 as a reward. Analysis of the drugs seized reveal 1,995.04 grammes of a solid containing 1,274.44 grammes of cocaine. The market value was around HK$2.08 million. The defendant is now aged 36. He has one previous conviction of betting with bookmaker in 2006 for which he received a fine. For purpose of sentencing, I treat him as a person with a clear record. By way of mitigation, it was submitted that the defendant has three marriages. His son born in the last marriage caused him a fine in China in order to get “戶口” and because of the son’s illness as well as his own mother’s illness in 2016, he has succumbed to the temptation of earning quick money by agreeing to traffic in dangerous drugs out of stupidity. His mother eventually passed away in December 2016 during his remand for the present offence. Both his wife and his stepfather spoke well of him and asked for a lenient sentence on his behalf. In sentencing the defendant, I have considered his guilty plea, mitigation forwarded by counsel and the existing tariff for trafficking in cocaine. According to Abdallah, trafficking in cocaine weighing between 1,200 to 4,000 grammes, the tariff is one between 23 to 26 years’ imprisonment. The amount of narcotics involve here being 1,274.44 grammes of cocaine, I adopt 23 years as a starting point. I am satisfied that there are some special circumstances in the present case which justifies a less harsh view to be taken of the facts. He is sentenced to 15 years’ imprisonment which means a discount of roughly 34.7 per cent. |