HKSAR v. Li Ho Yin

Case No.HCCC 344/2010
Court
High Court CFI
Date26 Nov 2010
Judge
Case Document
100%

HCCC344/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 344 OF 2010

-----------------

  HKSAR  
  v  
  Li Ho Yin  

-----------------

Before:

DHCJ A Chan

Date:

26 November 2010 at 9.45 am

Present:

Mr P J Power, SADPP of the Department of Justice, for HKSAR
Mr Chau Ka-chun, Philip, instructed by LCP, assigned by the Director of Legal Aid, for the Accused

Offence:

Trafficking in a dangerous drug (販運危險藥物)

--------------------------------------------

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

--------------------------------------------

COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, he is committed to this court for sentence.

In the afternoon on 19 March 2010, the defendant was intercepted by police officers in Sham Shui Po. Inside a bag that the defendant was carrying, the police found 43.9 grammes of heroin.

The defendant was taken back to his residence. A further 75.37 grammes of heroin was seized.

Under caution, the defendant stated that he was to be paid $500 per ounce for delivering the drug.

The defendant has five previous criminal records, two related to drugs, and among the two, one similar to the present offence.

I am informed by counsel that the defendant committed the present offence because of financial hardship. That may be so, but that does not amount to, in my view, any mitigation.

Guidelines on sentence are clear. The total amount of heroin is approximately 120 grammes. The starting point is therefore one of 9 years and 9 months.

Apart from his plea, I do not see any other mitigating factors which may allow me to depart from the norm.

The defendant will be given the usual one-third discount.

For the sole offence the defendant committed, he is sentenced to 6 years 6 months' imprisonment.