RE HCCC64/1978

RE HCCC64/1978

On the evidence admitted and assessed for sentencing the judge was satisfied beyond reasonable doubt that the 1st defendant knowingly used his vehicle to transport a large quantity of morphine for the purpose of unlawful trafficking and was more than a mere driver; traces of drugs in his home and surrounding evidence could be taken into account for sentencing though manufacturing was not proved; accordingly an appropriate sentence of eight years' imprisonment was imposed.

Citation
RE HCCC64/1978
Parties
Accused: 1st Defendant; Co Accused: 2nd Defendant; Co Accused: 3rd Defendant; Prosecution: Crown
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 November 1978
Case Number
HCCC64/1978
Procedural Posture
Criminal Possession of Dangerous Drugs for Purpose of Unlawful Trafficking / Sentencing After Guilty Plea
Outcome
Sentence imposed: 8 years' imprisonment on count of possession of dangerous drugs for purpose of unlawful trafficking; forfeiture of seized drugs and paraphernalia to the Crown.
Legal Topics
Possession, Unlawful Trafficking, Factual Basis for Sentencing, Admissibility of Sentencing Evidence, Nolle Prosequi
Source Language
EN
Criminal Law Drug Trafficking Sentencing Possession Unlawful Trafficking Factual Basis for Sentencing Admissibility of Sentencing Evidence Nolle Prosequi

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Parties

1st Defendant

Accused

2nd Defendant

Co Accused

3rd Defendant

Co Accused

Crown

Prosecution

Procedural Posture

Criminal Possession of Dangerous Drugs for Purpose of Unlawful Trafficking / Sentencing After Guilty Plea

Legal Issues

  1. 1 Whether the defendant's involvement was minimal for sentencing purposes
  2. 2 Whether evidence related to possible manufacturing (found in defendant's home and nearby hut) may be taken into account when fixing sentence for possession for trafficking
  3. 3 Burden and quality of evidence the Crown must adduce to disprove the defendant's account

Ratio Decidendi

On the evidence admitted and assessed for sentencing the judge was satisfied beyond reasonable doubt that the 1st defendant knowingly used his vehicle to transport a large quantity of morphine for the purpose of unlawful trafficking and was more than a mere driver; traces of drugs in his home and surrounding evidence could be taken into account for sentencing though manufacturing was not proved; accordingly an appropriate sentence of eight years' imprisonment was imposed.

Court Disposition

Sentence imposed: 8 years' imprisonment on count of possession of dangerous drugs for purpose of unlawful trafficking; forfeiture of seized drugs and paraphernalia to the Crown.

Orders

  • Imprisonment for eight years
  • Drugs and paraphernalia forfeited to the Crown