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HCCC 62/2019
[2020] HKCFI 1994
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 62 OF 2019
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| Date: |
22 July 2019 at 10.22 am |
| Present: |
Ms Lily Wong, SPP of the Department of Justice, for HKSAR |
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Mr Ho Wai-kin Victor, instructed by Howell & Co, assigned by DLA, for the accused |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The defendant has pleaded guilty before a magistrate for one count of trafficking in dangerous drug. The dangerous drugs involved is 359 grammes of a solid containing 340 grammes of cocaine. The estimated street value of the dangerous drugs involved is HK$416,440.
The defendant was a night shift taxi driver. He was intercepted by the police on his car on 16 April 2018 at 11.35 pm. The cocaine was found inside a bag placed near the driver’s seat of the defendant’s taxi. Under caution, the defendant said he received $3,000 to help a man called Ah Sing to bring the drugs to someone.
Trafficking in dangerous drugs is a very serious offence. A person who committed this offence will inevitably face with a long custodial sentence. The length of the sentence depends on the type and quantity of drugs involved. For trafficking of cocaine, the court in consideration of sentence should follow the guideline laid down by the Court of Appeal case in R v Lau Tak Ming. For trafficking in 200 to 400 grammes of cocaine, according to the guideline, a starting point in the range of 12 to 15 years’ imprisonment should be imposed.
The defendant is 43 years old. He received education up to Form 5 level. He has nine previous criminal convictions but none related to dangerous drugs. He is married and his wife is living in mainland China. They have no kids. The defendant, before his arrest, was living together with his parents. The defendant’s father and the defendant’s sister have written to this court to ask for the court’s leniency. In their letters, they said the defendant was a very responsible son, a good brother and was always willing to take care of the family. They said the defendant was one of the breadwinners of the family. The defendant himself also wrote to this court to ask for leniency, saying that he is now very remorseful.
The heavy sentence imposed for trafficking in dangerous drugs is for deterrent purpose. For this kind of offence, usual mitigation like personal circumstances and economic reasons are not valid mitigation factors. In the present case, there is no valid mitigating factor apart from the defendant’s plea of guilty. Applying the guideline in Lau Tak Ming, for the quantity of drugs involved in this case, the proper starting point for sentence should be 14 years’ imprisonment. Giving the defendant a full discount of one-third for his guilty plea, the sentence is reduced to 9 years and 4 months.
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