HKSAR v. LAW KWOK KWAN, DEVIL

HCCC400/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 400 OF 2010

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: I have to sentence you for trafficking in a dangerous drug. The drug was ketamine. There was 202 grammes of it and you got caught because you were in a road traffic accident and you were carrying it to deliver for someone else in the car. You pleaded guilty at the first opportunity in the Magistrates Court.

You will know that sentencing for drug trafficking is based upon guidelines which are, in turn, based upon the nature of the drug and the quantity of it. In your case, you fall within the guideline for ketamine that runs from 50 grammes to 300 grammes, attracting a starting point after trial of imprisonment of 6 to 9 years. By weight, you are in the top half of that bracket.

You are not of good character; you have previous convictions, but nothing for trafficking. Your counsel said everything he could upon your behalf. Basically, there is no reason to treat this other than as a tariff case.

In reflecting the early plea, I will err on the lower side rather than the absolute mathematical exactitude and I shall take a starting point of 7½ years.

With the one-third discount, it means the sentence is 5 years’ imprisonment.