A A
HCCC 350/2023
[2024] HKCFI 2086
B B
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C COURT OF FIRST INSTANCE C
CRIMINAL CASE NO 350 OF 2023
D D
-----------------
E HKSAR E
v
F F
Alanguilan II Crisencio S
G G
-----------------
H Before: Hon D’Almada Remedios J H
Date: 24 June 2024 at 10.13 am
Present: Ms Sabra Lo Shui-ying, SPP of the Department of Justice,
I for HKSAR I
Ms Karen Lau Yuk-yee, instructed by H Y Leung & Co LLP,
J assigned by DLA, for the accused J
Offence: (1) Trafficking in a dangerous drug (販運危險藥物)
(2) Failing to surrender to custody without reasonable
K cause (無合理因由而沒有按照法庭的指定歸押) K
L --------------------------------- L
Transcript of the Audio Recording
of the Sentence in the above Case
M M
---------------------------------
N N
COURT: Defendant, you pleaded guilty to two charges on 2
November 2023 before a magistrate sitting at the Eastern
O Magistracy. The two charges were, firstly, of trafficking O
in dangerous drugs and in the 2nd charge it was that of
failing to surrender to custody. As a result of your pleas
P of guilty, you were committed here to the Court of First P
Instance for sentence.
Q Q
In Charge 1, you admitted that on 5 July 2021, at the lift
lobby of the 21st Floor, Mei Yat House, Yat Tung Estate,
R No. 8 Yat Tung Street, Tung Chung, New Territories, you R
unlawfully trafficked in 13.8 grammes of a crystalline solid
containing 13.4 grammes of methamphetamine hydrochloride.
S S
In respect of 2nd charge, you admitted that on 8 February
2022, in Hong Kong, being a person admitted to bail, without
T T
reasonable cause, failed to surrender to custody as had been
appointed by a court. This offence was contrary to section
U 9L(1) and (3) of the Criminal Procedure Ordinance, Cap 221. U
CRT26/24.6.2024/AB 1 HCCC 350/2023(1)/Sentence
V V
A A
You had admitted the Summary of Facts which was dated 20
October 2023 and the facts in support of these two charges
B are as follows. B
At around 11 pm on 5 July 2021, whilst police were
C conducting an anti-narcotics operation at the lift lobby on C
the 21st floor of Mei Yat House, Yat Tung Estate, you were
D
seen walking out from a corridor looking suspicious. Upon a D
body search conducted on you, the drugs as quantified in
Charge 1 was found inside your right front trouser pocket.
E The estimated street value of the drugs seized was $9,136. E
A house search was conducted at your house in Lantau Island
F and a search uncovered no drugs or drug paraphernalia. Upon F
arrest and under caution, you said that the drugs seized
G from you were ‘Ice’. You had bought the ‘Ice’ earlier that G
day at about 3 pm from a male outside Sham Shui Po MTR
Station for $4,300. You had intended to consume the ‘Ice’
H at the staircase on the 21st floor of Mei Yat House. H
In a subsequent video-recorded interview, you stated amongst
I other things that you had the habit of consuming drugs since I
you were 17 years old. You bought a large amount of drugs
J to benefit from a discount offered by the suppliers and to J
minimise the risk of being intercepted by the police. You
had purchased a large quantity for you to consume and share
K with your friend who, like yourself, was a drug addict. You K
said the quantity would last you both for about a week.
L L
Despite your reply under caution that these drugs were for
your own consumption, you accept and admit through your plea
M of guilty that, on 5 July 2021, you were trafficking in 13.4 M
grammes of ‘Ice’ as stated in Charge 1.
N In relation to Charge 2, you were formally charged for this N
present offence of trafficking in ‘Ice’ on 25 October 2021.
You were released on court bail on 23 November 2021. You
O O
were due to appear at West Kowloon Court on 8 February 2022.
However, you were absent from that hearing. A warrant of
P arrest was therefore issued. On 8 August 2022, you were P
intercepted by a police officer whilst you were sitting at
the right front passenger seat of a private vehicle outside
Q the North Lantau Hospital. Upon checking your identity, Q
your wanted status was revealed.
R R
I turn now to your background. You are 47 years of age.
You are Filipino but born and grew up in Hong Kong. You had
S received education up to Form 1. You were divorced in 2016. S
You have three children aged 15, 13 and 11. Prior to your
arrest, you were residing with your mother and elder sister
T in a village house in Pui O, Lantau Island. At the material T
time, you worked as a part-time warehouse worker and
U
gardener earning about $20,000 a month. U
CRT26/24.6.2024/AB 2 HCCC 350/2023(1)/Sentence
V V
A A
Defendant, you have 5 previous criminal convictions of which
two are related to drugs. You had been sentenced to DATC in
B 2022. You have never committed an offence of trafficking in B
dangerous drugs in the past.
C As stated by your counsel, Ms Karen Lau, the reason for you C
committing this offence and purchasing the large quantity
D
was that purchasing in bulk was to take advantage of the D
discount offered by the supplier and to minimise the risk of
being intercepted by the police. You had purchased these
E drugs intended partly for your own consumption and for you E
to share with a friend, which in colloquial terms is known
as “social trafficking”. A copy of the Tung Tau
F Correctional Institution shows that a urine test report F
conducted on you showed when you were admitted to Lai Chi
G Kok on 9 August 2022 positive for amphetamine, that is, G
‘Ice’.
H In relation to Charge 2, the reason why you did not H
surrender to court in time, Ms Lau says, is because you had
foolishly wanted to buy time to earn money because you
I feared that your children would lose support if you were I
remanded in custody.
J J
Ms Lau has not submitted in your mitigation that any or a
significant part of the drugs were for your own consumption.
K K
I turn now to sentence. The sentence approach to sentencing
in drug trafficking cases in Charge 1 is laid down in the
L L
cases of HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290 and
complemented in HKSAR v Lee Ming Ho [2024] HKCA 150. In
M following the principles and steps set out in Herry Jane M
Yusuph, first, the court must assess the gravity of the
offence and identify the relevant band applicable to the
N quantity of drugs concerned. N
The tariff case for the drug methamphetamine hydrochloride,
O O
commonly known as ‘Ice’, is set out in the authority of
HKSAR v Tam Yi Chun [2014] 3 HKLRD 691. Pursuant to the
P tariff, where an amount trafficked is between 10 and 70 P
grammes of ‘Ice’, the Court of Appeal had decided that the
starting point should be between 7 years to 11 years after
Q trial. Here, the amount is 13.4 grammes of ‘Ice’. Q
The second step is to assess the role and culpability that
R R
you played in trafficking in this offence based on the
evidence. In this case, defendant, you say that you
S purchased the quantity of ‘Ice’ in bulk some for your own S
consumption and for the purpose of sharing with a friend.
You, however, were found at a place very far away from your
T place of abode in a residential building on the 21st floor T
late at night at 11 pm. It is clear from that and it is
U
admitted through your plea of guilty that you were intending U
to traffic in these drugs.
CRT26/24.6.2024/AB 3 HCCC 350/2023(1)/Sentence
V V
A A
Taking into account now the third step as to where in the
B guidelines you should lie in that band, I consider that an B
appropriate notional starting point had you been convicted
after trial would be one of 7 years’ imprisonment.
C C
Defendant, there are no aggravating features in this case
D
although you have had two charges of possession of dangerous D
drugs, which are related to dangerous drugs, you have no
previous similar criminal record.
E E
As to the fifth step of any mitigating factors, the sole and
most significant mitigating factor is your early plea of
F guilty, for that you should be granted the one-third F
discount. The notional starting point, therefore, had you
G been convicted after trial, being one of 7 years’ G
imprisonment and giving you the one-third discount, the term
for Charge 1 that you shall serve is 4 years and 8 months’
H imprisonment. H
For Charge 2, defendant, that charge is failing to surrender
I to custody, you had a court hearing to attend to on 8 I
February 2022 and you deliberately did not attend the
J hearing as you say that you wanted to earn more money for J
your children. This is a deliberate breach of the law,
knowing that you had to attend court. You are not new to
K committing criminal offences. K
You do know the importance of keeping to your court dates.
L L
In the circumstances had you been convicted after trial, I
would have taken a starting point of 3 months’ imprisonment.
M You pleaded guilty at the earliest opportunity and I shall M
reduce that term to one of 2 months’ imprisonment.
N Now, defendant, in sentencing you for these two offences, I N
have regard to the principle of totality. These are
separate and distinct offences and I consider that they
O O
should be served partly consecutively and partly
concurrently. I order 7 days of Charge 2 to run consecutive
P to Charge 1 and the remainder of the term to run P
concurrently.
Q Therefore, defendant, the total term of imprisonment to Q
which you shall serve is 4 years 8 months and 7 days’
imprisonment.
R R
I/we certify that to the best of my/our ability
S and skill, the foregoing is a true transcript
S
of the audio recording of the above proceedings
T T
U ......................................... U
Angelica Louise Bedana
CRT26/24.6.2024/AB 4 HCCC 350/2023(1)/Sentence
V V
A Date: 23 July 2024
A
B B
C C
D D
E E
F F
G G
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT26/24.6.2024/AB 5 HCCC 350/2023(1)/Sentence
V V
A A
HCCC 350/2023
[2024] HKCFI 2086
B B
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C COURT OF FIRST INSTANCE C
CRIMINAL CASE NO 350 OF 2023
D D
-----------------
E HKSAR E
v
F F
Alanguilan II Crisencio S
G G
-----------------
H Before: Hon D’Almada Remedios J H
Date: 24 June 2024 at 10.13 am
Present: Ms Sabra Lo Shui-ying, SPP of the Department of Justice,
I for HKSAR I
Ms Karen Lau Yuk-yee, instructed by H Y Leung & Co LLP,
J assigned by DLA, for the accused J
Offence: (1) Trafficking in a dangerous drug (販運危險藥物)
(2) Failing to surrender to custody without reasonable
K cause (無合理因由而沒有按照法庭的指定歸押) K
L --------------------------------- L
Transcript of the Audio Recording
of the Sentence in the above Case
M M
---------------------------------
N N
COURT: Defendant, you pleaded guilty to two charges on 2
November 2023 before a magistrate sitting at the Eastern
O Magistracy. The two charges were, firstly, of trafficking O
in dangerous drugs and in the 2nd charge it was that of
failing to surrender to custody. As a result of your pleas
P of guilty, you were committed here to the Court of First P
Instance for sentence.
Q Q
In Charge 1, you admitted that on 5 July 2021, at the lift
lobby of the 21st Floor, Mei Yat House, Yat Tung Estate,
R No. 8 Yat Tung Street, Tung Chung, New Territories, you R
unlawfully trafficked in 13.8 grammes of a crystalline solid
containing 13.4 grammes of methamphetamine hydrochloride.
S S
In respect of 2nd charge, you admitted that on 8 February
2022, in Hong Kong, being a person admitted to bail, without
T T
reasonable cause, failed to surrender to custody as had been
appointed by a court. This offence was contrary to section
U 9L(1) and (3) of the Criminal Procedure Ordinance, Cap 221. U
CRT26/24.6.2024/AB 1 HCCC 350/2023(1)/Sentence
V V
A A
You had admitted the Summary of Facts which was dated 20
October 2023 and the facts in support of these two charges
B are as follows. B
At around 11 pm on 5 July 2021, whilst police were
C conducting an anti-narcotics operation at the lift lobby on C
the 21st floor of Mei Yat House, Yat Tung Estate, you were
D
seen walking out from a corridor looking suspicious. Upon a D
body search conducted on you, the drugs as quantified in
Charge 1 was found inside your right front trouser pocket.
E The estimated street value of the drugs seized was $9,136. E
A house search was conducted at your house in Lantau Island
F and a search uncovered no drugs or drug paraphernalia. Upon F
arrest and under caution, you said that the drugs seized
G from you were ‘Ice’. You had bought the ‘Ice’ earlier that G
day at about 3 pm from a male outside Sham Shui Po MTR
Station for $4,300. You had intended to consume the ‘Ice’
H at the staircase on the 21st floor of Mei Yat House. H
In a subsequent video-recorded interview, you stated amongst
I other things that you had the habit of consuming drugs since I
you were 17 years old. You bought a large amount of drugs
J to benefit from a discount offered by the suppliers and to J
minimise the risk of being intercepted by the police. You
had purchased a large quantity for you to consume and share
K with your friend who, like yourself, was a drug addict. You K
said the quantity would last you both for about a week.
L L
Despite your reply under caution that these drugs were for
your own consumption, you accept and admit through your plea
M of guilty that, on 5 July 2021, you were trafficking in 13.4 M
grammes of ‘Ice’ as stated in Charge 1.
N In relation to Charge 2, you were formally charged for this N
present offence of trafficking in ‘Ice’ on 25 October 2021.
You were released on court bail on 23 November 2021. You
O O
were due to appear at West Kowloon Court on 8 February 2022.
However, you were absent from that hearing. A warrant of
P arrest was therefore issued. On 8 August 2022, you were P
intercepted by a police officer whilst you were sitting at
the right front passenger seat of a private vehicle outside
Q the North Lantau Hospital. Upon checking your identity, Q
your wanted status was revealed.
R R
I turn now to your background. You are 47 years of age.
You are Filipino but born and grew up in Hong Kong. You had
S received education up to Form 1. You were divorced in 2016. S
You have three children aged 15, 13 and 11. Prior to your
arrest, you were residing with your mother and elder sister
T in a village house in Pui O, Lantau Island. At the material T
time, you worked as a part-time warehouse worker and
U
gardener earning about $20,000 a month. U
CRT26/24.6.2024/AB 2 HCCC 350/2023(1)/Sentence
V V
A A
Defendant, you have 5 previous criminal convictions of which
two are related to drugs. You had been sentenced to DATC in
B 2022. You have never committed an offence of trafficking in B
dangerous drugs in the past.
C As stated by your counsel, Ms Karen Lau, the reason for you C
committing this offence and purchasing the large quantity
D
was that purchasing in bulk was to take advantage of the D
discount offered by the supplier and to minimise the risk of
being intercepted by the police. You had purchased these
E drugs intended partly for your own consumption and for you E
to share with a friend, which in colloquial terms is known
as “social trafficking”. A copy of the Tung Tau
F Correctional Institution shows that a urine test report F
conducted on you showed when you were admitted to Lai Chi
G Kok on 9 August 2022 positive for amphetamine, that is, G
‘Ice’.
H In relation to Charge 2, the reason why you did not H
surrender to court in time, Ms Lau says, is because you had
foolishly wanted to buy time to earn money because you
I feared that your children would lose support if you were I
remanded in custody.
J J
Ms Lau has not submitted in your mitigation that any or a
significant part of the drugs were for your own consumption.
K K
I turn now to sentence. The sentence approach to sentencing
in drug trafficking cases in Charge 1 is laid down in the
L L
cases of HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290 and
complemented in HKSAR v Lee Ming Ho [2024] HKCA 150. In
M following the principles and steps set out in Herry Jane M
Yusuph, first, the court must assess the gravity of the
offence and identify the relevant band applicable to the
N quantity of drugs concerned. N
The tariff case for the drug methamphetamine hydrochloride,
O O
commonly known as ‘Ice’, is set out in the authority of
HKSAR v Tam Yi Chun [2014] 3 HKLRD 691. Pursuant to the
P tariff, where an amount trafficked is between 10 and 70 P
grammes of ‘Ice’, the Court of Appeal had decided that the
starting point should be between 7 years to 11 years after
Q trial. Here, the amount is 13.4 grammes of ‘Ice’. Q
The second step is to assess the role and culpability that
R R
you played in trafficking in this offence based on the
evidence. In this case, defendant, you say that you
S purchased the quantity of ‘Ice’ in bulk some for your own S
consumption and for the purpose of sharing with a friend.
You, however, were found at a place very far away from your
T place of abode in a residential building on the 21st floor T
late at night at 11 pm. It is clear from that and it is
U
admitted through your plea of guilty that you were intending U
to traffic in these drugs.
CRT26/24.6.2024/AB 3 HCCC 350/2023(1)/Sentence
V V
A A
Taking into account now the third step as to where in the
B guidelines you should lie in that band, I consider that an B
appropriate notional starting point had you been convicted
after trial would be one of 7 years’ imprisonment.
C C
Defendant, there are no aggravating features in this case
D
although you have had two charges of possession of dangerous D
drugs, which are related to dangerous drugs, you have no
previous similar criminal record.
E E
As to the fifth step of any mitigating factors, the sole and
most significant mitigating factor is your early plea of
F guilty, for that you should be granted the one-third F
discount. The notional starting point, therefore, had you
G been convicted after trial, being one of 7 years’ G
imprisonment and giving you the one-third discount, the term
for Charge 1 that you shall serve is 4 years and 8 months’
H imprisonment. H
For Charge 2, defendant, that charge is failing to surrender
I to custody, you had a court hearing to attend to on 8 I
February 2022 and you deliberately did not attend the
J hearing as you say that you wanted to earn more money for J
your children. This is a deliberate breach of the law,
knowing that you had to attend court. You are not new to
K committing criminal offences. K
You do know the importance of keeping to your court dates.
L L
In the circumstances had you been convicted after trial, I
would have taken a starting point of 3 months’ imprisonment.
M You pleaded guilty at the earliest opportunity and I shall M
reduce that term to one of 2 months’ imprisonment.
N Now, defendant, in sentencing you for these two offences, I N
have regard to the principle of totality. These are
separate and distinct offences and I consider that they
O O
should be served partly consecutively and partly
concurrently. I order 7 days of Charge 2 to run consecutive
P to Charge 1 and the remainder of the term to run P
concurrently.
Q Therefore, defendant, the total term of imprisonment to Q
which you shall serve is 4 years 8 months and 7 days’
imprisonment.
R R
I/we certify that to the best of my/our ability
S and skill, the foregoing is a true transcript
S
of the audio recording of the above proceedings
T T
U ......................................... U
Angelica Louise Bedana
CRT26/24.6.2024/AB 4 HCCC 350/2023(1)/Sentence
V V
A Date: 23 July 2024
A
B B
C C
D D
E E
F F
G G
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT26/24.6.2024/AB 5 HCCC 350/2023(1)/Sentence
V V
HCCC350/2023 HKSAR v. ALANGUILAN II CRISENCIO S - LawHero