HKSAR v. Cheung Tsz Hin

Case No.HCCC 244/2023[2024] HKCFI 1218
Court
High Court CFI
Date20 Mar 2024
Judge
Case Document
100%

HCCC 244/2023

[2024] HKCFI 1218

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 244 OF 2023

________________________

  HKSAR  
  v  
  Cheung Tsz-hin  

________________________

Before:  Hon Andrew Chan J
Date:  20 March 2024 at 9.42 am
Present:  Miss Lee Pui-kei Paggie, SPP of the Department of Justice, for HKSAR
  Mr Johnny C M So, instructed by Fongs, for the accused
Offence:   Trafficking in dangerous drugs (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 to one count of trafficking in dangerous drugs, contrary to section 4 of the Dangerous Drugs Ordinance. He is committed to this court for sentence.

In the evening on 4 March 2021, the defendant was intercepted by police officers in a taxi outside one hotel in Causeway Bay. With a hotel key found on the defendant, police officers gained entry into one hotel room. Inside the room, 122.25 grammes of cocaine, 56.18 grammes of methylenedioxymethamphetamine, MDMA, and various drug paraphernalia were found.

The street value of the drug was estimated to be over HK$200,000.

Under caution, the defendant admitted that he acted as a courier in delivering those dangerous drugs.

The defendant is now 25, single, educated up to Form 2 level. He has one criminal record unrelated to drugs. Prior to his arrest, he was a salon apprentice. The reason for him committing the present offence, according to him, is one of financial difficulties.

Mitigation letters from the defendant, from a priest, from his sister, and social worker have been produced to this court. They ask for leniency on behalf of the defendant. I understand their wish, however I am bound by the guidelines set by the Court of Appeal.

Counsel from both sides have kindly calculated the sentence based on various tests. The consensus I believe comes down to 10 years and 7 months as the starting point. The defendant of course is entitled to one-third discount for his earliest plea.

For the sole offence the defendant stands convicted, he is sentenced to 7 years’ imprisonment, forget the 3 weeks; 7 years.