Read the full judgment text of HCCC 224/2016 on BabelCite. This Court of First Instance judgment was delivered on 29 September 2017 before Wilson Chan J.
Criminal law – trafficking in dangerous drug – methamphetamine hydrochloride – 'Ice' drug – sentencing guidelines – starting point – international element enhancement – guilty plea discount – Defendant arrested at Lok Ma Chau Boundary Control Point on 19 November 2015 with 1.49 kg of a crystalline solid containing 1.44 kg of methamphetamine hydrochloride, estimated street value HK$440,000 – Defendant acted as a body-carrying courier bringing drugs from Mainland China to Hong Kong for a HK$1,000 reward, with the drugs strapped to his body using duct tape – Defendant had no prior convictions, had failed in an event-planning business, and owed credit card debts – Trial dates fixed on 15 June 2016 before HKSAR v Ngo Van Nam – Guilty plea indicated at Pre-trial Review on 2 August 2017 and conviction on plea the day before sentencing – Court addresses the proper starting point for trafficking in 1.44 kg of methamphetamine hydrochloride – HKSAR v Tam Yi Chun held that for trafficking 600 grammes or more of the 'Ice' drug, the proper tariffs are the same as those prescribed in HKSAR v Abdallah for heroin – The 1.44 kg quantity falls within the Abdallah range of 1,200 to 4,000 grammes, giving a starting point of 23 to 26 years – Court fixes starting point at 23 years and 3 months – Court enhances starting point by 2 years for the international element per Abdallah paragraphs 42-43, taking the starting point to 25 years and 3 months – Court grants full one-third discount for guilty plea, reducing the sentence to 16 years and 10 months' imprisonment – Defendant sentenced to 16 years and 10 months' imprisonment
Legal issues: Application of Abdallah heroin tariff to trafficking in 1.44 kg of methamphetamine hydrochloride · Enhancement of sentence for international element · Discount for guilty plea
Outcome: Sentenced to 16 years and 10 months' imprisonment
Cited by 558 cases · Cites 2 cases