HKSAR v. The Cheung Fung

DCCC415/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 415 OF 2009

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Reasons for Sentence

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1. Defendant, you have pleaded guilty to trafficking in dangerous drug.  The dangerous drug in question is “Ice”, a its medical name is methamphetamine.  The quantity is quite large.  It is a crystalline solid of some 10.98 grammes containing 10.26 grammes of methamphetamine hydrochloride.

2. “Ice” is regarded more harmful, more devastating than other hard drugs such as heroin.  The offence is very serious and, therefore a lengthy imprisonment term is imposed by the courts.  The precedent case is Ching Kwok Hung [1991] 2 HKLR, 125.  That was a Court of Appeal decision.  For 10 to 70 grammes of “Ice”, the imprisonment term is 7 to 10 years.

3. You had 11 previous convictions, two for trafficking in dangerous drugs.  You had education up to Secondary 2 level.  You had been to prison and after serving your term, you had a girlfriend.  She is now three months’ pregnant.  She is in court, very supportive of you.

4. Your counsel has tried his best to mitigate on your behalf.  Nothing further could be said on your behalf.  The only mitigation here for you is your plea of guilty.  I cannot see any other ground.  And for your plea of guilty, you are entitled to one-third reduction in sentence.

5. I adopt a starter of 7 years’ imprisonment although the drugs is a little over 10 grammes.  With one-third reduction, you are therefore sentenced to 56 months imprisonment.