HKSAR v. Poon Sze Pun

HCCC 323/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 323 OF 2014

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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 stopped and searched by police officers and from his trousers pocket a piece of tissue with a plastic bag of drugs inside was found. At that time, he had $457 on him.

Upon analysis it was found that the bag contained a total of 13.4 grammes of crystalline solid containing 13.17 grammes of methamphetamine hydrochloride. The retail value of the drugs at that time was around $6,000. The defendant admitted that he was trafficking in the drugs for a reward of $500.

He is now aged 39, he is married, living with his wife. His criminal record shows that he has six previous convictions, one back in year 2000 relating to possession of dangerous drugs. His last conviction was in May 2007 for conspiracy to transfer travel documents etc. He received a sentence of a total of 14 months’ imprisonment.

By way of mitigation, I am told that the defendant is an addict and he has been so for about 3 years. In December 2013, he had undergone an invasive gastric surgery. After his discharge he discovered that his income had dropped because some of his clients were allocated to his colleagues and therefore he had to borrow money for the Chinese New Year in 2014.

He committed the present offence to make some quick money. Counsel for the defence asked this court to take into account his early guilty plea and the fact that this case lacks any recognisable aggravating feature. Counsel asked the court to adopt a lower starting point and exercise leniency.

In sentencing the defendant, I have taken into account his guilty plea, the nature of the drugs, the relevant sentencing tariff and mitigation put forward by counsel on his behalf.

The present case happened before the new guideline was laid down in Tam Yi Chun. According to the old guideline of Ching Kwok Hung trafficking in 10 to 70 grammes of “ice” attracts a starting point ranging from 7 to 10 years.

The present case narcotics is 13.17 grammes. I adopt a starting point of 7 years. His greatest mitigation is his guilty plea. He is entitled to a full one-third discount for that and he is sentenced to 56 months’ imprisonment.