HKSAR v. Chiu Wai Tim

Case No.HCCC 354/2023[2024] HKCFI 3175
Court
High Court CFI
Date11 Sep 2024
Judge
Case Document
100%

HCCC 354/2023

[2024] HKCFI 3175

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 354 OF 2023

________________________

  HKSAR  
  v  
  Chiu Wai-tim (A1)  

________________________

Before:  Hon Andrew Chan J
Date:  11 September 2024 at 10.39 am
Present:  Ms Winnie Mok, SPP of the Department of Justice, for HKSAR
  Ms Lorinda Lau, instructed by King & Co, assigned by DLA, for the 1st accused
Offence:   (1)  & (2)  Trafficking in a dangerous drug (販運危險藥物)
  (3)  Conspiracy to manufacture a dangerous drug (串謀製造危險藥物)

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

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COURT: The 1st defendant has pleaded guilty to two counts of trafficking in a dangerous drug and one count of conspiracy to manufacture a dangerous drug, contrary to section 4 and section 6 of the Dangerous Drugs Ordinance respectively.

In the evening on 1 December 2020, customs officers intercepted D1 outside an apartment in Cheung Sha Wan. 144 grammes of cocaine was found on D1. Under caution, D1 told customs officers that he was delivering the cocaine in question to an unknown person.

Customs officers then entered the apartment, where D2 was found to be present. D2 told customs officers that he was brought to the apartment by D1 to assist in packaging the dangerous drug in question, and that he would receive $2,000 in return. Upon further search of the apartment, 968.61 grammes of cocaine and various drug paraphernalia were found, such as containers, electronic scales and sodium bicarbonate.

The government chemist confirmed that the chemicals and the paraphernalia found from the apartment were items commonly used for making cocaine base.

The estimated street value of the cocaine found was found to be over HK$2,000,000.

Inside D1’s mobile phone, photos, videos and conversations found revealed D1 and D2 were in constant communications with each other concerning the manufacturing of the cocaine inside the apartment between 14 October and 20 November 2020.

D1 is now 24. He has a clear record. Mitigation letters have been produced by family and friends. They wished the court to exercise leniency and pass a sentence as lenient as possible. I understand their wishes, however, my hands are tied. My hands are tied because guidelines have been set down by the Court of Appeal.

Having considered all the circumstances of the case regarding D1, for the three counts D1 stands convicted. He is sentenced to a total of 15 years’ imprisonment. I believe this sentence is the lenient one that I can possibly pass.

Other Judgments in This Case

Further hearings and rulings under HCCC 354/2023