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HCCC361/2011
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 361 OF 2011
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| Before:
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The Honourable Mrs Justice V Bokhary
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| Date:
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28 November 2011 at 9.52 am
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| Present:
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Ms Grace Chan, SPP, of the Department of Justice, for HKSAR
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Mr John Hagon, instructed by the Legal Aid Department, for the Accused
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| Offence:
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(1) Trafficking in a dangerous drug (販運危險藥物)
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(2) Trafficking in dangerous drugs (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: Yiu Man-fai, you stand convicted on your own pleas of guilty of two charges of trafficking in dangerous drugs. The drugs involved in Charge 1 are 244.1 grammes of a powder containing 180.8 grammes of ketamine. The drugs involved under Charge 2 are 135.21 grammes of a powder containing 103.46 grammes of ketamine, 11.65 grammes of a solid containing 11.27 grammes of cocaine and 180 tablets containing 1.21 grammes of nimetazepam.
For the drugs involved in Charge 1, I consider the appropriate starting point to be in the region of 7½ years’ imprisonment. For the drugs involved in Charge 2, I follow the approach indicated by the Court of Appeal in the case of Wong Kin Kau which was delivered on 4 May 2010. By adopting that approach, I consider the appropriate starting point under Charge 2 to be in the region of 7 years’ imprisonment.
I have considered everything urged in mitigation on your behalf, particularly your pleas of guilty. I think that a discount reducing the sentence to one of 5 years’ imprisonment under Charge 1 and 4 years and 8 months’ imprisonment under Charge 2 to be appropriate.
In all the circumstances and bearing in mind the principle of totality, I consider an overall sentence of 6 years to be appropriate.
To achieve that overall sentence, I sentence you to 5 years’ imprisonment under Charge 1 and 4 years and 8 months’ imprisonment under Charge 2 and I order that 1 year out of the 4 years and 8 months under Charge 2 be served consecutively to the 5 years’ imprisonment under Charge 1. You will therefore go to prison for a total of 6 years.
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