HKSAR v. LAU MAN CHUNG

HCCC 549/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 549 OF 2013

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: Stand up, please.

I have to sentence you for trafficking in dangerous drugs. You were caught carrying 240 grammes of “Ice” and a small amount of herbal cannabis. I shall ignore the smaller amount of herbal cannabis for the purposes of the sentence I pass today.

You know that sentencing for drug trafficking is based upon guidelines which are in turn based upon the nature and quantity of the drug. With 240 grammes of “Ice” you fall in the bracket that runs from 70 to 300 grammes, attracting a starting point after trial of 10 to 14 years’ imprisonment. Mathematically of course you are towards the top end of the bracket.

I shall give you the usual one-third discount for the plea of guilty and I will bear in mind the fact that you were willing to assist the police even though it came to nothing. I have read the letters that your counsel has put before me from yourself and your family.

When it comes to determining the starting point I will bear in mind that your role is that which you admitted to the police. Accordingly, I shall choose a starting point which is less than the one that mere mathematics would dictate.

Based upon your role, upon the mitigation put before me, I judge that a starting point of 11½ years is correct. After the discount of one-third that gives a sentence of 7 years and 8 months and that is the sentence I pass upon you.