HKSAR v. Ip Tung Tai

HCCC 197/2019

[2020] HKCFI 1441

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 197 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 was found guilty after trial of one count of trafficking in a dangerous drug, namely 258 grammes of a crystalline solid containing 255 grammes of methamphetamine hydrochloride. He was charged together with a person called Chung Chung Pik-kei and she had pleaded guilty at the beginning and gave evidence against him.

The gist of her evidence is really that it was the defendant who put a bag of drugs into her handbag and she was subsequently told to take this to someone in Tung Choi Street and she, subsequently after her arrest, positively identified the defendant from a photograph because the defendant had refused to participate in an identification parade. She gave evidence in the trial before me and she was duly cross-examined and her evidence was unshaken and the jury, by their verdict, clearly believed her.

There is not much to say in mitigation. The defendant had previously been in trouble in 2006 for a similar charge of trafficking, for which he received 12 months’ imprisonment.

The defendant is aged 39 and as a result of this trial, he also submitted two mitigating letters, one from his wife and one from a family doctor, a Dr Kwok. And Dr Kwok, due to his past dealings with the defendant, wrote and said that in his opinion the defendant was a considerate and dutiful son and a good father and family man. Then there is a letter from his wife who also testifies to the fact that her husband is a good provider and a good father and husband.

I have no doubt about that. However, this is a very serious offence because the drugs, once it is dissipated into society, destroys many families in its wake. Many a good father and a good son, because of their drug habit, had gone on to destroy the very families that they love and that is why the Court of Appeal has laid down guidelines for this type of offence. Financial problem is not a mitigating factor.

The Court of Appeal in the case of Tam Yi Chun in 2014 had suggested that for trafficking in between 70 to 300 grammes, the sentence after trial should be between 11 to 15 years. In this case, for 255 grammes, the sentence should be in the region of 14 to 14½ years.

In view of all that has been said, I will sentence the defendant to 14 years’ imprisonment.