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HCCC 288/2013
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 288 OF 2013
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HKSAR |
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CHAN Chun-ho |
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| Date: |
9 May 2014 at 10.00 am |
| Present: |
Mr Phillip Ross, on fiat, for HKSAR |
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Mr Peter Cahill, instructed by S H Chan & Co, assigned by DLA, for the accused |
| Offence: |
(1) Trafficking in a dangerous drug (販運危險藥物) |
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(2) Trafficking in dangerous drugs(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, trafficking in dangerous drugs is always a serious matter and I think you understand that.
There is a lot of mitigation in this case; the major point of mitigation, of course, being your timely plea of guilty.
However, I do go on to accept and apply this to the sentence: that you were cooperative upon arrest. You are a young man, 20, I believe, at the time of the offence, 21 now; you are of hitherto clear record and; I also note that you have made positive efforts to change your lifestyle since being released on bail. The report that I have from the Hong Kong Christian Service is eloquent as to that point; and I also take into account that the cocaine was not for sale, though as Mr Cahill readily accepts, and rightly accepts, the sharing of that cocaine with friends is still trafficking.
I will also accept that part of that cocaine would have been for personal use. It is very difficult to say how much, so rather than giving a specific discount, I will take it into account in the overall mitigation.
I also as I indicated to Mr Cahill at an early stage I adopt the combined approach. I intend to be as lenient as I feel I can, given, the seriousness of trafficking in these extremely dangerous drugs.
(Discussion re further instructions re mother of defendant)
COURT: Defendant, additionally I also take into account that these offences were committed out of financial problems; that at the time you had involved yourself with a very dubious peer group. That group now I understand you have put aside and that is to be praised.
The following sentences will be imposed:
On the 1st Charge, I sentence you to 4 years’ imprisonment. That will be reduced to 32 months’ imprisonment for your plea of guilty.
On the 2nd I take a starting point of 6 years and 3 months. That will be reduced to 4 years and 2 months, that is, by my reckoning, I believe, 50 months.
These will be served concurrently.
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