CRIMINAL CASE NO. 179 OF 2012
At about 5 pm on 20 December 2011, the defendant and his wife were intercepted for Customs clearance at the Arrival Hall of Lo Wu Control Point.
A Customs officer found a paper box hidden inside the underpants of the defendant. The box contained a plastic bag with “Ice” inside. During a subsequent video interview, the defendant admitted that he took the box to Hong Kong from Shenzhen for another male. He would receive $1,000 afterwards.
The retail value of the “Ice” seized was about $76,000.
The defendant is 48. He has nine previous convictions. The defendant remarried in 2008. He lived with his son and wife at Lam Hang Tsuen. He had three grown-up children from his first marriage. He used to be an electrical technician earning about 20,000 a month. In October, year 2011, he was unemployed and lived on Comprehensive Social Security Assistance, as he was diagnosed suffering from nasal pharyngeal carcinoma. He had received radiotherapy and chemotherapy. The medical report from Correctional Services Department revealed that his condition is now under control.
The defendant admitted that he took “Ice” to alleviate his pain from his nasal pharyngeal carcinoma. He spent about $2,000 per month on drugs.
According to A-G v Ching Kwok Hung ([1991] 2 HKLR 125), the starting point for trafficking in 98.49 grammes of “Ice” should be 10 years and 6 months’ imprisonment. The defendant brought the drug to Hong Kong. I enhance the starting point by 6 months.
The final starting point is 11 years’ imprisonment. I deduct 3 years and 8 months for his plea.
The defendant’s nasal pharyngeal carcinoma is not life‑threatening. It is not a valid reason for further reduction at this stage.
There being no other reason for further reduction, I sentence the defendant to 7 years and 4 months’ imprisonment.