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HCCC15/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 15 OF 2009
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Before:
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Deputy High Court Judge Longley
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Date:
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20 February 2009 at 9.42 am
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Present:
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Miss Anna Y K Lai, SPP, of the Department of Justice, for HKSAR
Mr Chan Sai-Kit Kevin, of the Legal Aid Department, for the Accused
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Offence:
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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
COURT: You have been committed to this court for sentence following your plea of guilty in the Magistrates Court to trafficking in dangerous drugs. The drug involved was 246.61 grammes of powder containing 190.38 grammes of ketamine.
You were seen by the police holding a pink paper bag containing these drugs outside a restaurant in Tuen Mun in the late afternoon of 28 July last year. You told the police that you had been offered $1,000.00 to collect the drugs from Hing Wah Estate in Chai Wan and take them to Tuen Mun where a customer would collect them from you outside the restaurant.
I bear in mind that at the time you committed this offence, you were not yet 18 years old. However, you had already been before a court three months earlier when you had been convicted of possession of a dangerous drug. Furthermore, at the time you committed this offence, you were on bail in respect of a copyright matter. You cannot have been in any doubt that very serious consequences would follow if you were caught carrying this quantity of dangerous drugs. You, however, chose to take the risk in return for the money that you would receive.
I do not need to tell you that drug trafficking is an evil offence. It brings misery to those who become addicted, as well as damaging their health. The courts are bound to view this sort of activity very seriously.
Taking into account all the circumstances in this case, I adopt a starting-point of 7 years' imprisonment. The only real mitigation in this case is your plea of guilty and that entitles you to the usual discount of one third. Accordingly, I sentence you to 4 years 8 months' imprisonment.
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