HKSAR v. Yip Yat Pang

HCCC 335/2017

[2018] HKCFI 262

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 335 OF 2017

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

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COURT:

On 11 September 2017, the defendant pleaded guilty to one count of trafficking in 27.27 grammes of ‘Ice’. He was committed to this court for sentence.

At about 1 pm on 13 October 2016, the defendant was seen standing outside No 278 Shanghai Street with a female friend. He was holding a box. The police officers stopped and searched him. Two plastic bags were found from the left rear pocket of his denim trousers. One bag contained 26.2 grammes and the other contained 1.07 grammes of ‘Ice’. Inside the box were two ‘Ice’ flasks, one electronic scale and 19 plastic bags of two different sizes. The defendant admitted at scene that the drug was for his own consumption.

During the subsequent video interview, the defendant admitted that he bought the drug one day before the arrest at $3,000. He divided the drug into two bags. The smaller bag was for his consumption at work. He had just inhaled ‘Ice’ before the arrest at a hotel room. He used to be a transportation worker earning about 13,000 per month.

The police estimated that the street value of the drug was about $9,500.

The defendant is 41. He had 13 previous convictions. None of them was drug offence. He is single. He worked as a transportation worker in his elder brother’s company. He earned about 650 per day.

The defendant claimed that not more than 50 per cent of the drug in this case was for his own-consumption. The prosecution confirmed that they would not dispute that.

I accept for the purpose of sentencing that not more than 50 per cent of the drug was for his self-consumption. The following is relevant:

(a) The urine test at Correctional Services Department confirmed that the defendant was addicted in ‘Ice’.

(b) The defendant admitted under caution that the drug was for his own consumption.

(c) There were two ‘Ice’ flasks found in his possession.

Having considered the above, I would give him a 15 per cent discount for part of the drug which was for own consumption.

I adopt the sentencing principle in Tam Yi Chun case. For trafficking in 27.27 grammes of ‘Ice’, the starting point should be 8 years and 2 months’ imprisonment.

For the own consumption factor, I apply the principle set down in Chow Chun Sang case. I lower the starting point by 15 per cent to 6 years and 11 months. I deduct 2 years and 3 months for his plea.

I am now sentence the defendant to 4 years and 8 months’ imprisonment.