HKSAR v. Leung Ming Foon

HCCC 179/2019

[2019] HKCFI 2046

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 179 OF 2019

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

The defendant, who is now aged 43, has a bad criminal record, extending to 15 convictions, often drug-related, and ending with a sentence of 7 years and 8 months for trafficking in dangerous drugs. This was imposed on 30 August 2013. He had only been out of prison for about two months before his arrest in this case. This shows that prison, obviously, was no deterrent to him whatsoever.

On 3 June this year, the defendant pleaded guilty to the charge of trafficking in 132 grammes of a solid containing 120 grammes of cocaine and, furthermore, 3.48 grammes of a powder containing 3.16 grammes of cocaine.

Well, this was a classic case of trafficking. The defendant was found in a hotel room in Sham Shui Po where he kept the drugs. These were divided into 56 resealable bags, as set out in the list for the disposal of exhibits. Together with these, the police found an electronic scale, mobile phones, and $51,050. The defendant at that time tried to make out that these drugs were for self-consumption which they plainly were not. And indeed when a sample was taken from the defendant himself, he was shown to be positive for amphetamines. As Mr So has rightly said, the defendant was an addict of ‘Ice’.

The value of the cocaine in this case at street level is estimated at $168,244.

Yes. Mr Leung, would you stand, please? You do not need any lecture from me. You are well-acquainted with the courts and prison life. The public deserves a rest from your activities.

The cocaine content in this case weighed 124.05 grammes and the decision in R v Lau Tak Ming [1990] 2 HKLR 370, which has been adopted for cocaine also, puts this amount, as counsel have rightly said, into a bracket of between 8 and 12 years’ imprisonment after trial.

On this basis, the proper sentence would be 9 years and 9 months but as you have a previous conviction for doing exactly the same thing, I shall enhance that starting point by 6 months to 10 years and 3 months.

You have pleaded guilty in good time so that you will receive the full credit for this. The sentence is that you will go to prison for 6 years and 10 months.