HKSAR v. Cheung Chi Fai

HCCC 124/2022

[2022] HKCFI 3634

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 124 OF 2022

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

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COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drag, contrary to section 4 of the Dangerous Drugs Ordinance in the magistrate court. He was committed to this court for sentence.

On 9 September 2021, the police went to the defendant’s residence for a search. On one table in the living room, police officers found 21.33 grammes of methamphetamine and various paraphernalia.

In the Magistrate Court below, the defendant admitted that he unlawfully trafficked in those dangerous drugs.

The defendant is now 44 and worked as a cleaner prior to his arrest. He has a total of 11 criminal convictions, most relating to the possession of dangerous drugs.

Starting point for trafficking in 21.33 grammes of ‘Ice’ is one beyond 92 months’ imprisonment, and according to Mr Leung should be 93. For the purpose of the present sentencing exercise, I ignore the 1.33 grammes, giving credit for his claim for self-consumption.

The only mitigation in this case in the defendant’s favour is his plea for which he will be given the full one-third discount.

For the sole offence that the defendant stands convicted, he is therefore sentenced to 60 months and 40 days’ imprisonment.