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HCCC373/2011
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 373 OF 2011
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HKSAR |
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Cheung Chi-shan |
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| Date: |
4 January 2012 at 10.15 am |
| Present: |
Mr David Fitzpatrick, on fiat, for HKSAR
Mr Michael Arthur, instructed by Anthony Kwan & Co., for the Accused |
| Offence: |
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 facts which you have admitted are depressingly familiar. Early on 5 April last year you were observed by some police officers in Mongkok. Their suspicions were aroused by your conduct. They intercepted and searched you and in your possession was found to be a quantity which amounted to 25.44 grammes of methamphetamine hydrochloride or “Ice” as it is known on the street.
You told the police that you were transporting the “Ice” on behalf of another person and were being paid a very small sum of money for doing so. The “Ice” had a street value of approximately $16,000-odd.
You come before the court as a person with four previous convictions, none of them in any way related to drugs. That does not entitle you to additional credit but it certainly means that there is no aggravation of the sentence.
I am required to sentence you in terms of the guidelines provided by the Court of Appeal in Attorney General v Ching Kwok Hung and that provides a second band for imprisonment between 7 and 10 years for trafficking in between 10 and 70 grammes.
You had marginally over 25 grammes of “Ice” and that in my view would properly attract a starting point of 7 years and 9 months’ imprisonment.
You have entered a plea of guilty to the charge. That entitles you to a one-third discount which reduces the sentence to 5 years and 2 month.
I am told that the reason you committed this offence was because you became unemployed and you had to provide maintenance for a child. That may well explain why you did the deed but it does not provide mitigation for you.
There is no further mitigation available to you either from the circumstances of the offence or your personal circumstances.
You are to serve a period of 5 years and 2 months’ imprisonment.
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