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HCCC302/2008
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 302 OF 2008
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HKSAR
and
YEU HOR ON (余賀安)
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Before Deputy High Court Judge Line
Date: 13 February 2009 at 9.46 am
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Present:
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Mr P J Power, SPP, of the Department of Justice, for HKSAR
Mr Edward Fan Shun-yan, instructed by the Legal Aid Department, for the Accused
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Offence: Trafficking in a dangerous drug (危險藥物販運)
Transcript of the Audio Recording
of the Sentence in the above case
COURT: Stand up, please. I have to deal with you for trafficking in dangerous drugs on your plea of guilty. The drug in question was ketamine. You were in possession of 189 grammes of it.
You will know perfectly well that sentences are based on guidelines which, in turn, are based upon the nature of the drug and the amount of it. You fall into the category that runs from 50 grammes to 300 grammes attracting a starting-point after trial of between 6 and 9 years' imprisonment. Where exactly you fall in the band is affected by the amount, but also by other factors.
You have some previous convictions but they are minor ones for theft. You have no previous convictions for drugs, although it is clear that you have been a drug addict. In the circumstances, I shall take a starting-point of 7½ years which is a mid-point in the bracket.
Your main mitigation is the remorse that follows your immediate admission to the police and your plea of guilty in the Magistrate's Court. That earns you a one-third discount. Accordingly, the sentence I pass is one of 5 years' imprisonment.
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