A HCCC 220/2021 A
[2022] HKCFI 1746
B IN THE HIGH COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
C C
CRIMINAL CASE NO 220 OF 2021
D ----------------- D
HKSAR
E E
v
F F
Ngai Chun-ho
G ----------------- G
Before: Hon Wong J
H Date: 26 May 2022 at 10.16 am H
Present: Mr Glen Kong, SPP(Ag) of the Department of Justice, for
I
HKSAR I
Ms Vivian Wong, instructed by W K To & Co, assigned by
DLA, for the accused
J Offence: Trafficking in a dangerous drug (販運危險藥物) J
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K K
Transcript of the Audio Recording
of the Sentence in the above Case
L --------------------------------- L
COURT: The defendant pleaded guilty before a magistrate to one
M charge of trafficking in a dangerous drug and was committed M
before me for sentence. In sentencing, I have considered
the whole circumstances of the case, including its nature
N N
and facts, in particular the type and quantity of the
dangerous drug involved, personal background of the
O defendant and mitigation put forward on his behalf. O
The facts of the case may be summarised as follows. The
P defendant was intercepted on a street. The dangerous drug P
in question was found contained in four resealable
transparent plastic bags which was put in two opened potato
Q Q
chip bags placed inside the plastic bag the defendant was
carrying. Under caution, the defendant admitted that he was
R to deliver the drug for a promised reward of $1,000. R
I was told that the defendant is now 19 years of age. He is
S single. He had received education up to Form 3 and was S
unemployed at the time of the offence. He committed the
T
present offence while on probation. Such order was made on T
19 February 2019 upon his conviction for an offence of
aiding and abetting wounding with intent to do grievous
U U
CRT34/26.5.2022/JC 1 HCCC 220/2021(1)/Sentence
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A bodily harm. Apart from this, he has no other previous A
conviction.
B In mitigation, learned counsel for the defence Ms Vivian B
Wong stressed that the defendant pleaded guilty at the
earliest opportunity and he is now in full remorse. He will
C C
take up courses while in prison to equip himself to return
to the community. Ms Wong informed the court that the
D defendant had been participating in school activities, D
including academic activities, sports, and community
services and certificates and awards were presented to him
E for these. However, after he was convicted for the offence E
mentioned above, the school did not allow him to attend
classes in the normal manner. As a result, he had
F F
difficulties catching up and eventually quitted school.
G He was lured into committing this offence for a reward of G
$1,000. He had refused taking up the job at the beginning
but succumbed after some struggle when there were repeated
H requests. H
I
In his own letter produced to court, the defendant gave an I
account of the circumstances in which he came to commit the
offence, expressed remorse and determination to turn over a
J new leaf. The defence also produced a letter written by the J
father of the defendant and a letter written by the social
worker who has been taking care of the defendant. The
K father said that poor relationship in the family, financial K
situation of the family as well as bad influence of peer
L attribute to the foolish act of the defendant. L
The social worker said she was satisfied that the defendant
M is now full of remorse. Both pleaded leniency on behalf of M
the defendant. Ms Wong informed the court that relationship
between the defendant and his parents has improved a lot and
N the defendant now appreciates their love and care. N
O The defendant trafficked in 974 grammes of a drug commonly O
known as ‘Ice’. The Court of Appeal held in HKSAR v Tam Yi
Chun [2014] 3 HKLRD 691 that in the case of trafficking in
P ‘Ice’ where the narcotic content exceeds 600 grammes, the P
tariff in HKSAR v Abdallah [2009] 2 HKLRD 437 is applicable.
Q Q
In Abdallah, it was held that if the narcotic content is
between 600 and 1,200 grammes, an imprisonment term of 20 to
R 23 years should be considered. I see no reason in the R
present case to depart from the tariff. I consider sentence
on the basis that the role of the defendant was at the low
S end of trafficking hierarchy. In all the circumstances, I S
adopt a starting point of 21 years and 10 months.
T T
The defendant pleaded guilty before a magistrate and for
this he is entitled to a one-third discount. Having
U considered the whole circumstances, including what is said U
CRT34/26.5.2022/JC 2 HCCC 220/2021(1)/Sentence
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A ably by counsel on behalf of defendant, having regard to the A
sentencing approach as stated by the Court of Appeal in
HKSAR v Herry Jane Yusuph, CACC 93/2019. In my judgment,
B this is the extent of discount the defendant is entitled to B
in the present case.
C C
The defendant committed the present offence in breach of a
probation order. In her submission, Ms Wong stressed that
D the defendant committed that case at the age of 15. He had D
been remanded for at least around two weeks for that case
and have completed almost 80 per cent of his probation when
E he committed the present offence. E
In consideration, I have considered the transcript of the
F F
hearing of mitigation and making of the probation order, as
well as the brief facts of the case. While the eight
G accused in that case were juveniles but the facts reveal a G
bad case of abuse. A young girl at the age of 14 was
subjected to prolonged physical assault and humiliation,
H some were of sexual nature, by this group of youngsters. H
I
The defendant did not actively take part in the actual I
assault but his conduct clearly amounted to aiding and
abetting. The duration of the probation order has now
J expired. J
In the whole of the circumstances, having regard to
K section 6 of the Probation of Offenders Ordinance and again K
the case of Herry Jane Yusuph, in the light of the lengthy
L sentence now imposed on the defendant, I am persuaded that L
no further order is to be made in relation to the probation
order and the breach of it.
M M
Defendant, please stand up. By reason of the matters
aforesaid, I sentence you an immediate imprisonment term of
N 14½ years. I make no further order in relation to the N
probation order imposed on you in the case of WKCC
O 700018/2018. O
P P
Q Q
R R
S S
T T
U U
CRT34/26.5.2022/JC 3 HCCC 220/2021(1)/Sentence
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