HKSAR v. Wong Chi Yan

HCCC 114/2019

[2019] HKCFI 2194

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 114 OF 2019

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

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COURT:

On 3 January 2018, the defendant received a quantity of drugs by prior arrangement. These on analysis turned out to be 998 grammes of a crystalline solid containing 994 grammes of methamphetamine hydrochloride, often referred to as ‘Ice’. The street value of those drugs was estimated to be $556,884.

Police officers were conducting an anti-narcotic operation and had seen the delivery which they suspected contained drugs. The defendant was followed into the premises he had rented at 686 Shanghai Street, Mongkok. He was carrying a box which was marked as an electrical appliance. The police found a steam cleaner inside, but when this was opened up, the drugs were found inside the cleaner wrapped in bubble wrap and in a resealable plastic bag.

The defendant, to his credit, admitted straightaway that he had been promised $500 to receive a quantity of ‘Ice’ which would be delivered by a GoGoVan driver. The premises where he had rented were searched and the police found, amongst other things, an electronic scale and a pile of unused resealable plastic bags.

The defendant is 29 years old and has pleaded guilty to the charge of trafficking in this quantity of ‘Ice’ in the Magistrates’ Court. And he has confirmed this in these proceedings as well as the facts, and will receive full credit for so doing.

There is no question at all that the defendant has let down his family in a very big way. They naturally feel devastated at what he has done and by the consequences which flow from such a serious offence. As so often is the case, drugs have been the cause of the defendant’s downfall. He has a previous conviction for possession of dangerous drugs back in 2013. But as the present facts illustrate, it seems he did not benefit from the warning he received all those years ago.

Now, the Court of Appeal in HKSAR v Tam Yi Chun[2014] 3 HKLRD 691 has stated that the starting point for sentence after trial in cases involving trafficking quantities of ‘Ice’ over 600 grammes should be the same tariffs as are prescribed in HKSAR v Abdallah Anwar Abbas [2009] 2 HKC 197.

Well, here the narcotic weight was 994 grammes. Ms So has rightly pointed out that this comes within the bracket for between 600 and 1,200 grammes with a starting point after trial of between 20 and 23 years’ imprisonment. The defendant has been advised of this. She went on to point out that in another similar case, which is HCCC 77/2018...

(Discussion re citation)

COURT: So the case that I refer to and which she has brought to my attention is HCCC 77/2018 where a starting point of 21 years was adopted. But she has frankly told me that in fact there is no explanation given as to why the starting point was lower than the level of sentence to be expected in such a case. In the absence of any reason to reduce what I consider the proper starting point of 21½ years or even perhaps slightly longer, I do not propose to make any further reduction, although of course the defendant will receive the usual one-third discount for his guilty plea. It is most important in these cases that parity of sentencing is maintained.

Wong Chi-yan, would you stand, please? I am going to give you the full discount, as you know, for your timely plea of guilty. Your sentence is 14 years and 4 months’ imprisonment.