IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 325 OF 2011
||10 July 2012 at 2.59 pm
||Mr John McNamara, on fiat, for HKSAR
||Mr Roderick K F Wu, instructed by Messrs Tangs Solicitors, assigned by the Director of Legal Aid, for the Accused
||Trafficking in dangerous drugs (販運危險藥物)
Transcript of the Audio Recording
of the Sentence in the above Case
COURT: The defendant is convicted after trial of one charge of trafficking in dangerous drugs. That is, 54.37 grammes of a crystallinesolid containing 53.56 grammes of methamphetamine hydrochloride, 14.68 grammes of a mixture containing 9.62 grammes of heroin hydrochloride,1.39 grammes of a solid containing 1.32 grammes of cocaine, and 120 tablets containing 0.8 grammes of nimetazepam.
He was found to be in possession of those drugs in a hotel room which was used as a divan by drug addicts.
The defendant is now aged 53, married, with a 14-year-old son. He has nine previous convictions, two of which are drug related, butnone related to drug trafficking. The last conviction or date of sentence was on 8 April 2011 for gambling. He received two days’imprisonment.
Looking at the “Ice” itself, 53.56 grammes, it falls within the 10 to 70 grammes bracket for sentencing, ie 7 to 10 years, andadding up the heroin and cocaine together, it is around 10.94 grammes, which falls within the 10 to 50 grammes sentencing bracket,attracting a starting point of 5 to 8 years.
In this sentencing exercise I consider the nimetazepam an insignificant amount.
I have taken into account the facts of this case and all the mitigation which could have been said by your counsel on your behalf.
I adopt a combined approach of sentencing. Taking into account the total narcotics of “Ice” and heroin was just around 64.5 grammes,I consider a starting point of 9 years is appropriate.
That is the sentence I pass.
Please refer to CACC295/2012 for the relevant appeal(s) to the Court of Appeal.