HKSAR v. Chan Tin Kin

Case No.HCCC 17/2015
Court
High Court CFI
Date20 Mar 2015
Judge
Case Document
100%

HCCC 17/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 17 OF 2015

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  HKSAR  
  v  
  CHAN Tin-kin  
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Before: Hon P Li J
Date: 20 March 2015 at 10.19 am
Present: Miss Claudia C H Ng, SPP(Ag), for HKSAR
  Mr Kwan Tong Lee, instructed by Alan Ho & 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 defendant pleaded to one count of trafficking 117 grammes of cocaine.

At about 9.40 pm on 5 September 2014, the defendant was intercepted by police officers at a footbridge near Exit B outside Tsuen Wan MTR Station.

Upon search, the police found a black plastic bag hidden inside the defendant’s underpants. Inside the plastic bag were 9 packets of cocaine. The defendant admitted under caution that he delivered the cocaine for an unknown person for a reward of $500 per packet.

According to the police, the street value of the cocaine was about $230,000.

The defendant is 20 years old. He has a clear record. He received education up to Form 4. He claimed to be a cook in the past earning about $16,000 a month. He quit the job because of a poor relationship with his colleague. He was unemployed at the time of the offence. He is single and lives with his family at Ko Cheung Court, Kwun Tong.

The defendant explained that he was in debt to a bank at that time. He did not want to trouble his family but resort to trafficking in dangerous drugs on the suggestion of an ex-classmate. He is now very remorseful and pleads for leniency.

I have to tell you, defendant, that there is something you would not do whatever the reward. You put your selfish desire above public interest. This conduct deserves no pity from this court.

According to HKSAR v Lau Tak Ming for trafficking in 117 grammes of cocaine, the starting point should be 9 years and 9 months’ imprisonment. I deduct 3 years and 3 months for his plea. There being no other mitigating factor, I sentence the defendant to 6 years and 6 months’ imprisonment.