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HCCC26/2011
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 26 OF 2011
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Date:
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27 April 2011 at 9.42 am
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Present:
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Mr Phil Chau, on fiat, for HKSAR
Mr Boey Chung, instructed by Messrs Tang, Wong & Chow, assigned by the Director of Legal Aid, 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 pleads guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.
He was intercepted by police and was found to be in possession of a packet of drugs upon a search. Under caution he said that the ice was purchased by him earlier for his own consumption. Upon analysis, the drugs were found to be 27.38 grammes of a crystalline solid containing 27.28 grammes of methamphetamine hydrochloride. The retail value of the drugs at the time was around $18,000.
The defendant is now aged 33. He has 20 previous convictions, three of which relate to possession of dangerous drugs. His last conviction is in June 2009 for which he was sentenced to the DATC. He was discharged from the DATC in November 2009 but recalled back in early 2010. He was released in July 2010 and it is about a month afterwards that he committed the present offence.
By way of mitigation I am told the defendant is now very remorseful and decides to turn over a new leaf. He promises to make best use of his time in remand.
In sentencing the defendant I have taken into account facts of the present case, the drugs involved, defendant’s guilty plea and mitigation advanced. I also perused the letter in mitigation written by him.
Trafficking in the amount of ice, as in the present case, falls within the bracket of 10 to 70 grammes, attracting a starting point between 7 to 10 years. I consider a starting point of 8 years’ imprisonment appropriate in the circumstances of the present case. He is entitled to the full one-third discount on his guilty plea and he is sentenced to 64 months’ imprisonment.
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