Mr Chris Cheung, instructed by Martin Law & Co
HCCC 2/2009
HCCC2/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 2 OF 2009
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Before: Hon McMahon, J
Date: 27 March 2009 at 9.47 am
Present:
Mr F Whitehouse, Counsel on Fiat, for HKSAR Mr Chris Cheung, instructed by Martin Law & Co., for the Accused
Offence: Trafficking in a dangerous drug (販運危險藥物)
Transcript of the Audio Recording of the Sentence in the above case
COURT: Stand up, please, Mr Lee.
The 29-year-old defendant pleaded guilty to an offence of trafficking in 437.11 grammes of Ketamine.
On 2 September 2008 the defendant had been intercepted by police on an anti-drug operation in the car park of his residential block in Tin Shui Wai. The drugs were found in a bag he was carrying. The offence occurred several months after the new guidelines set out in The Secretary for Justice v Hii Siew Cheng (Criminal Appeal Application for Review No. 7/2006) had been promulgated. In my view, those guidelines apply fully to this case given the period that elapsed between their publication and the occurrence of this offence.
I take a starting point of sentence of 10 years’ imprisonment. The only material mitigation available to the defendant is his plea of guilty. In that regard he is entitled to a full discount.
I sentence the defendant to 6 years 8 months’ imprisonment.