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HCCC310/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 310 OF 2009
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Date:
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15 December 2009 at 9.47 am
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Present:
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Mr P J Power, SPP, of the Department of Justice, for HKSAR
Mr Raymond W S Chan, instructed by Shea & Company, for the Accused
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Offence:
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(1) & (2) 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: The 23-year-old defendant pleaded guilty before me to two counts of trafficking in ketamine. The 1st count involved 213.73 grammes of the drug and the 2nd count, 252.47 grammes.
The facts of the case were that the defendant was seen carrying a white plastic bag in a shopping mall in Kwun Tong. He was intercepted and the contents of the plastic bag were found to include the drugs the subject of the 1st count. The defendant was taken to his premises where a further search found the drugs the subject of the 2nd count, together with various weighing apparatus and packaging equipment.
So far as the 1st count is concerned, I adopt the guidelines set out in Secretary for Justice v Hii Siew Cheng and take a starting point of sentence of 8 years’ imprisonment.
I take into account the defendant’s plea of guilty. That is the only mitigation of substance in this case and that starting point of sentence is reduced on that basis to a sentence of 5 years 4 months’ imprisonment.
So far as the 2nd count is concerned, I take a starting point of sentence again of 8 years’ imprisonment. That, for the same reasons, is reduced also to a sentence of 5 years 4 months’ imprisonment.
Taking the totality of sentence into account, I order that the sentences be served concurrently, except for a period of 1 year 4 months. That results in a total sentence of 6 years 8 months’ imprisonment.
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