Mr Leung Chiu-lam, Paul, instructed by Messrs To, Lam & Co (assigned by DLA)
HCCC 275/2012
HCCC275/2012
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 275 OF 2012
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Transcript of the Audio Recording of the Sentence in the above Case
COURT: The accused, you stand convicted on your own plea of guilty of one charge of possession of dangerous drugs and one charge of trafficking in a dangerous drug. The drugs involved under the possession charge are 0.5 gramme of a crystalline solid containing 0.49 gramme of methamphetamine hydrochloride. The drugs involved under the trafficking charge are 44.36 grammes of a crystalline solid containing 43.29 grammes of methamphetamine hydrochloride.
Under Charge 1, I adopt a starting point of 6 months’ imprisonment and reduce it by one-third. For the drugs involved under Charge 2, I adopt a starting point of 8½ years’ imprisonment. I have taken into account everything urged in mitigation on your behalf, including the two letters handed up by your counsel. But there is no real mitigation apart from your pleas of guilty. All things considered, and I have already indicated I shall give you the full one-third discount, doing so, I sentence you to 4 months’ imprisonment under Charge 1 and 5 years and 8 months under Charge 2. In all the circumstances and bearing in mind the principle of totality, I order that the two sentences are to run concurrently with each other. You will therefore go to prison for a total of 5 years and 8 months.
Under Charge 1, I adopt a starting point of 6 months’ imprisonment and reduce it by one-third. For the drugs involved under Charge 2, I adopt a starting point of 8½ years’ imprisonment.
I have taken into account everything urged in mitigation on your behalf, including the two letters handed up by your counsel. But there is no real mitigation apart from your pleas of guilty.
All things considered, and I have already indicated I shall give you the full one-third discount, doing so, I sentence you to 4 months’ imprisonment under Charge 1 and 5 years and 8 months under Charge 2.
In all the circumstances and bearing in mind the principle of totality, I order that the two sentences are to run concurrently with each other.
You will therefore go to prison for a total of 5 years and 8 months.