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HCCC364/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 364 OF 2009
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| Date: |
23 December 2009 at 9.42 am |
| Present: |
Ms Anna Lai, SPP of the Department of Justice, for HKSAR
Ms Wong Sze-wing, Barbara, instructed by Legal Aid Department, for the Accused |
| Offence: |
Trafficking in a dangerous drug(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: Stand up, please. I have to sentence you on this committal for sentence in respect of two charges of trafficking in a dangerous drug. The drug was ketamine. You were caught outside your home carrying 8.49 grammes of it. Inside your home was a further 146.17 grammes.
You will be aware, of course, that sentences for drug trafficking in these courts are based on guidelines which, in turn, are based upon the nature of the drug and the quantity of it. The total amount of ketamine in your case is 154.66 grammes putting you in the category of between 50 to 300 grammes attracting a starting point after trial of 6 to 9 years' imprisonment. Mathematically, you are towards the middle of the bracket.
I bear in mind that you pleaded guilty at an early stage and you will have the full one-third discount. One of the advantages of being frank from the outset is that more weight is likely to be given to the matters urged upon your behalf in mitigation. So I will, within the narrow discretion that is left to me if the case falls within the guidelines, as yours does, I give you some minor discount for those matters ably urged upon your behalf by your counsel. In particular, I note the submissions made as to how it came about that you were offered drugs, became addicted to them and then were told that you were in debt for their supply.
The result is I will look at a starting point of 7 years and I will give you the one-third discount. That would result in a sentence of 4 years and 8 months but I shall round that down to 4 years and 6 months in view of the mitigation I have already adverted to. It is designed to be a sentence that honours the guidelines but recognises the early plea and the matters in mitigation. You could have hoped for no lesser sentence.
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