HKSAR v. Yuen Yu Kin

HCCC 192/2018

[2019] HKCFI 680

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 192 OF 2018

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

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COURT:

Now, defendant, please stand up. Now you are convicted by the unanimous verdict of the jury for one count of trafficking in a dangerous drug. The drugs concerned was 1,000 grammes of a crystalline solid containing 960 grammes of methamphetamine hydrochloride, commonly known as “Ice”.

This is a re-trial. Now the evidence in the present case reveals that on the material day, you walked up and down the pavement outside Yue Man Square Rest Garden. Afterwards, you picked up a basketball from the pavement. That basketball contained the dangerous drug which was the subject matter of the charge.

Your act was observed by a police officer, PW1 in this case. He showed his warrant card to you and revealed his police identity. However, you immediately turned away and attempted to leave and eventually you were subdued.

Now you are aged 62. You have a series of criminal records. A number of those are drug-related. In particular, you have five similar offences. You have five similar records of trafficking. The first one was in 1979 for which you were sentence to 9-month imprisonment. The second one was in 1982 for which you were sentenced to 2 years’ imprisonment. The third one was in 1986 for which you were sentenced to 2 years’ imprisonment. Now, the fourth one was in 1992 for which you were sentenced to 27 months’ imprisonment. The last one was in 1997 for which you were sentenced to 12 years’ imprisonment.

After that 1997 conviction, you have other criminal records including one of possession of dangerous drug, and the last one was in 2009, and your last conviction was in 2012 for two charges. One is assault occasioning actual bodily harm and also criminal intimidation for which you were sentenced to a total imprisonment term of 2 months.

The present offence took place on 19 December 2013. So the applicable sentencing tariff was those laid down in Attorney General v Ching Kwok Hung which provide that for trafficking in over 600 grammes of “Ice” narcotic, the appropriate starting point is 18 years upwards.

Now the present case involved “Ice” of 960 grammes narcotic. I adopt a starting point of 20 years’ imprisonment and in view of your poor criminal record, especially those conviction record for drug-related offences, I add 1 year on top of that. That happens to coincide with the original sentence imposed by the original trial judge.

Now Mr Chau, I think he had already said all he can say on your behalf in mitigation but there is nothing that can really reduce your sentence.

So I sentence you to 21 years’ imprisonment. Thank you. You may be seated.