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HCCC 431/2013
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 431 OF 2013
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| Date: |
24 February 2014 at 10.21 am |
| Present: |
Ms Mickey Fung, SPP of the Department of Justice, for HKSAR |
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Mr Phil Chau Ka-chun, instructed by Tang Tso & Lau, for the accused |
| Offence: |
(1) Trafficking in a dangerous drug (販運危險藥物) |
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(2) Possession of arms without a licence (無牌管有槍械) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, namely 30.84 grammes of a crystalline solid containing 29.84 grammes of methamphetamine hydrochloride, six tablets containing 0.02 grammes of methadone, 0.04 grammes of a powder containing methamphetamine and one tablet containing 8 milligrammes of methamphetamine.
The defendant’s story is no different from many hundred that come before the court in that, as Mr Chau correctly stated, she is but a mule transporting drugs from China into Hong Kong.
On her arrival in Hong Kong at the Lok Ma Chau Control Point, the drugs were found in her handbag, in her bra and in her underpants. The defendant stated under caution that she would be meeting a man at the coach alighting area in Mongkok and will give him the drugs in return for a reward of $1,000.
The street value of the methamphetamine in this case is in the region of HK$23,537.
The defendant is aged 36 and was born in China and is the holder of a two-way permit. She has a clear record in Hong Kong and Mr Chau said in mitigation that she also has a clear record in China and the reason for her committing this offence is purely because of the monetary reward.
The Court of Appeal has laid down guidelines in the case of Ching Kwok Hung in 1991 and for trafficking of between 10 to 70 grammes of methamphetamine hydrochloride a guideline sentence of 7 to 10 years’ imprisonment is recommended after trial.
For the purpose of sentencing, I will take the quantity of 29.84 grammes of methamphetamine hydrochloride in this case and ignore the other smaller quantity of drugs and I consider that a starting point of 8 years’ imprisonment is suitable. I will add one year for the importation from China, which is an aggravating factor, bringing the total sentence to 9 years’ imprisonment.
I will give the defendant the full one-third discount for her plea, so she is to go to prison for 6 years.
Please refer to CACC72/2014 for the relevant appeal(s) to the Court of Appeal. |