HKSAR v. Wan Tsz Yu

Read the full judgment text of HCCC 233/2024 on BabelCite. This High Court CFI judgment was delivered on 24 January 2025.

Case No.HCCC 233/2024[2025] HKCFI 773
Court
High Court CFI
Date24 Jan 2025
Judge
Case Document
100%Judiciary

HCCC 233/2024

[2025] HKCFI 773

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 233 OF 2024

________________________

  HKSAR  
  v  
  Wan Tsz-yu  

________________________

Before:  Hon Andrew Chan J
Date:  24 January 2025 at 9.38 am
Present:  Miss Chong Man-yan Cherry, SPP of the Department of Justice, for HKSAR
  Ms Wong Kam-hing Fanny, instructed by Cheung, Yeung & Lee, Solicitors, assigned by DLA, 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 a dangerous drug contrary to section 4 of the Dangerous Drugs Ordinance. He is committed to this court for sentence.

In the evening on 21 April 2023, the defendant was intercepted by customs officers at one Tai King Industrial Building. Customs officers then gained entry into a flat on the 11th floor of the building after keys were found from the defendant.

Inside the flat, customs officers found 182 grammes of ketamine and 39.4 grammes of cocaine and other paraphernalia and equipment such as electronic scales, resealable plastic bags, etc.

(Discussion re address)

The street value of the drugs was estimated to be over HK$171,000.

WhatsApp messages found from the defendant’s mobile phone indicated that he was hired to rent the flat in question in order to repackage and distribute dangerous drugs.

The defendant is now 22, educated up to Form 4 level. He has one criminal conviction relating to possession of dangerous drug. Prior to his arrest, he was unemployed.

Counsel from both sides have agreed that the notional starting point based on quantity alone under various tests will be one of 8 years and 10 months, ie 106 months’ imprisonment.

The defendant in this case was effectively running a packaging and distribution centre. He was acting more than a simple courier. In addition, two counts of dangerous drugs were involved.

After taking into account the above mentioned aggravating features, the notional starting point will be increased to one of 10 years in this particular case, ie 120 months.

The defendant is entitled to the full one-third for his earliest plea. In conclusion for the sole offence the defendant stands convicted, he is therefore sentenced to 80 months’ imprisonment, 6 years and 8 months’ imprisonment.