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HCCC19/2011
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 19 OF 2011
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| Before:
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Deputy High Court Judge P Li
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| Date:
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31 May 2011 at 3.28 pm
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| Present:
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Mr David Fitzpatrick, on fiat, for HKSAR
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Mr Phil Chau, instructed by Messrs Tangs Solicitors, for the Accused
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| Offence:
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Trafficking in a dangerous drug (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 is convicted by a jury of one count of trafficking in a dangerous drug involving 15.89 grammes of ice.
At about 0200 hours on 17 July 2010 a team of police officers intercepted the defendant outside the main entrance of Sau Wah House, Sau Mau Ping Estate. An officer searched the defendant and found two packets of ice inside his right front trousers pocket. There was no other suspicious item found on him. The police conducted a house search at Flat 2911, Sau Wah House, the defendant’s home. Nothing suspicious was found.
According to the statistics of the police, the retail price of these two packets of ice was $12,049.
The defendant is 70. He is divorced with three children. He has 26 previous convictions, four of which were trafficking in dangerous drugs. He was last sentenced to a total of 3 years and 9 months’ imprisonment for having custody of counterfeit notes in 2002.
The defendant received education up to primary 3. He is suffering from mild cataract on both eyes. He has high blood pressure and diabetes mellitus. He needs constant medical care. There is no information that any of his medical conditions are disabling. He claimed to be a decoration worker at the time of his arrest. He is an addict, according to the antecedents statement. The defendant maintains his innocence.
For the 15.89 grammes of ice, according to the tariff set out in Ching Kwok Hung, the starting point should be 7 to 10 years’ imprisonment. Having considered the amount of ice and the mitigation put forward on his behalf, I take 7 years and 4 months as the starting point. In my view, his age and health are not valid reasons for further leniency. I sentence the defendant to 7 years and 4 months imprisonment.
Please refer to CACC245/2011 for the relevant appeal(s) to the Court of Appeal. |