Mr David Boyton, instructed by Messrs Y K Lau & Chu
HCCC 133/2012
HCCC133/2012
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 133 OF 2012
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Transcript of the Audio Recording of the Sentence in the above Case
COURT: Kam Wai-lun, you have pleaded guilty to one count of trafficking in dangerous drugs. The drugs involved consist of 39.64 grammes of a crystalline solid containing 38.75 grammes of methamphetamine hydrochloride, 10.39 grammes of a powder containing 6.5 grammes of cocaine and 100 tablets containing 0.38 gramme of nimetazepam.
I have considered everything urged on your behalf. As to the appropriate approach to sentencing on a count of trafficking in different types of drugs, I will follow the approach indicated by the Court of Appeal in the case of Wong Kin Kau, decided on 4 May 2010. In following that approach, I will do so in the context of everything urged on your behalf. All things considered, I consider that a starting point of 8½ years in prison to be appropriate. You have pleaded guilty and I shall give you the full one-third discount thereby reducing the sentence to one of 5 years and 8 months’ imprisonment from that starting point. You are therefore sentenced to 5 years and 8 months’ imprisonment.
I have considered everything urged on your behalf. As to the appropriate approach to sentencing on a count of trafficking in different types of drugs, I will follow the approach indicated by the Court of Appeal in the case of Wong Kin Kau, decided on 4 May 2010. In following that approach, I will do so in the context of everything urged on your behalf.
All things considered, I consider that a starting point of 8½ years in prison to be appropriate. You have pleaded guilty and I shall give you the full one-third discount thereby reducing the sentence to one of 5 years and 8 months’ imprisonment from that starting point.
You are therefore sentenced to 5 years and 8 months’ imprisonment.