HKSAR v. Au Kwai Sun

HCCC 251/2019

[2019] HKCFI 3073

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 251 OF 2019

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

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COURT:

Mr Au, you have been found guilty after trial of trafficking in dangerous drugs. The amount of narcotic content under Count 1 is 165 grammes of methamphetamine hydrochloride. Under Count 2, you have been found guilty by the jury of traces - I am going to call it that, that is all it was in effect - of traces of dangerous drugs found within the bottles you used to smoke what you said was ‘Ice’.

You are 58 years of age now, divorced and retired, and I take it, because it has not been corrected, that you must be living alone in Flat 3205. You are on CSSA. Because of your admission at the time that you were arrested and cautioned under Count 2, and also because of what you told the police, I accept that you take a small amount of methamphetamine as an abuser of it.

Mr Au, the guideline case for the sentencing of methamphetamine hydrochloride is Tam Yi Chun [2014] 3 HKLRD 691. It provides a guideline sentence of, if you were to be found to have between 70 and 300 grammes of ‘Ice’, a range of 11 to 15 years after trial. For 165 grammes of ‘Ice’, the sentence after trial would therefore be 12 years and 8 months.

I notice that you have a long-standing criminal record covering a number of offences from theft to going equipped to assault and you have two matters of trafficking in dangerous drugs, the last matter being in the year 2000 when, in this court building, you were sentenced to 10 years’ imprisonment. I have no idea from the record whether you had a trial on that occasion or whether that 10 years reflects a guilty plea. And, of course, only you know what occurred on 2 January 2019 and you chose to have a trial.

I am not going to aggravate the sentence I have to pass upon you because of your previous record, although you are now at serious risk of that if, once you come out of prison, you commit this offence again. So, Mr Au, you must consider yourself very lucky I am not adding to the sentence I have to pass. But, unfortunately, I cannot discount it either, because you decided to have a trial and there was absolutely no merit in the case you ran.

On Count 1, you will go to prison for 12 years and 8 months. On Count 2, for possession of traces of dangerous drugs, you will go to prison for 3 months but that will be concurrent with the sentence of 12 years and 8 months, which I have had to pass upon you. So you will therefore go to prison for a total of 12 years and 8 months.