HKSAR v. Gurung Bikash

HCCC 75/2020

HCCC 76/2020

(Heard together)

[2021] HKCFI 994

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NOS 75 & 76 OF 2020

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

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COURT: Both the 1st defendant, Mr Gurung, and the 2nd defendant, Ms Rai, have pleaded guilty to one count of trafficking in dangerous drugs, in the case of the 1st defendant in this court earlier this morning, and in the case of the 2nd defendant in the Magistrates’ Court.

At 10.23 pm on 9 March 2019, police officers armed with a search warrant entered one apartment in Mong Kok. The 1st defendant ran into one of the rooms and discarded a brown envelope out of the window. The brown envelope which was recovered by the police was found to contain 132 grammes of ‘Ice’.

The street value was estimated to be over HK$75,000.

The 1st defendant admitted that he was trafficking in those dangerous drugs.

On the other hand, the 2nd defendant ran into another bedroom of the apartment. Inside that bedroom, police officers found 15.3 grammes of ‘Ice’ and 0.3 gramme of heroin.

The street value was estimated to be HK$8,700.

The 2nd defendant admitted that she was also trafficking in those dangerous drugs.

The 1st defendant is 45, a casual delivery worker making between 5,000 to 7,000 prior to his arrest. He has nine criminal convictions, one relating to the possession of dangerous drugs but none relating to trafficking. The only mitigation for the 1st defendant is his plea of guilty. However, given the fact that his plea was only tendered after he was committed to this court for trial, the discount accorded to him would be only 25 per cent.

Guidelines on sentencing are clear. The starting point for trafficking in 132 grammes of ‘Ice’ is one of 12 years’ imprisonment. Given his late plea, he is therefore sentenced to 9 years’ imprisonment as a result.

The 2nd defendant is 26, single, a salon trainee making HK$14,000 prior to her arrest. She has a clear record. For the purpose of the present proceedings, given the amount of heroin involved is tiny, I simply put that aside in my sentencing process.

The starting point for trafficking in 15 grammes of ‘Ice’ is one of 88 months’ imprisonment. Given her earliest plea, she is entitled to a full one-third discount. As such, she is sentenced to 58 months’ imprisonment.