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HCCC442/2011
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 442 OF 2011
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Date:
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18 January 2012 at 10.14 am
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Present:
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Mr P J Power, SADPP, of the Department of Justice, for HKSAR
Mr Nick L Lee, instructed by Ho, Tse, Wai & Partners
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Offence:
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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: Defendant, you may sit down and listen to the reasons for sentence.
The defendant pleads guilty to one count of trafficking in a dangerous drug involving 210 grams of ketamine. At about 1.50 am on 19 June 2011 police officers intercepted the defendant in the vicinity of Wyndham Street and Wellington Street.
The defendant was carrying a dark coloured bag and officers searched the bag and found a plastic bag containing the dangerous drug as set out in the charge.
The defendant admitted, under caution, that Ah Tung gave him $300 to take the drug there. He knew very little about Ah Tung. According to police statistics the value of the drug in question was about $28,000.
The defendant is 35. He has four previous convictions. He served more than 3 years’ imprisonment in 2004 for trafficking and possession of a dangerous drug. The defendant was divorced in 1995. He then cohabited with another woman in 2003. He has three young children. He received education up to Form 2. He had worked in a logistics company and in a salon. He is an addict.
The defendant explained that he committed this offence because of financial difficulties. He was only a courier.
For the 210 grams of ketamine, according to the tariff set out in Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1, the starting point should be 7 years and 11 months. I deduct 2 years and 8 months for his plea. There being no other mitigating factors for further reduction I sentence him to 5 years and 3 months’ imprisonment.
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