Mr David A S Khosa, assigned by the Director of Legal Aid
HCCC 5/2009
HCCC5/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 5 OF 2009
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Before: Deputy High Court Judge Line
Date: 14 April 2009 at 9.46 am
Present:
Ms Sally Yam, SPP of the Department of Justice, for HKSAR Mr David A S Khosa, assigned by the Director of Legal Aid, 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. I have to sentence you for trafficking in a dangerous drug. The drug was ketamine, and you were trafficking in 769.39 grammes of it.
You will know perfectly well that sentences in cases like yours depend on guidelines, which in turn are based upon the nature of the drug and its quantity. The amount you carried attracts a starting point of between 12 and 14 years. If one were to proceed entirely mathematically, the starting point would be in the region of 12½, just short of it.
I cannot, on the mitigation available here, take you out of the bracket, but I have a little discretion left within it. And given the limits on the discretion, the real choice in your case is whether you have to go to prison after your one-third discount for 8 years or 8 years and 4 months. In the circumstances, I am going to say it is 8 years. That is not because I am soft, I hope, on people who traffic in ketamine. I have read the letters that have been handed in on your behalf, and one you wrote yourself, and I do discern some genuine remorse.
I bear in mind you have a young daughter. I remind myself there are no aggravating features attached to the crime itself. In the end, I judge 8 years will be adequate punishment for you.