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HCCC332/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 332 OF 2009
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Date:
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3 December 2009 at 9.54 am
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Present:
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Mr Vincent Wong, SPP of the Department of Justice, for HKSAR
Mr James H M McGowan, instructed by Yip & Co, for the Accused
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Offence:
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(1) & (2) Trafficking in a dangerous drug(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: The defendant was committed from Eastern Magistracy to this court for sentence in respect of two charges of trafficking in dangerous drugs.
The 1st charge concerned 15.51 grammes of ketamine.
The 2nd charge involved 85.08 grammes of the same drug.
The facts of the case are straightforward. The defendant was stopped by police at a podium in a building in Mong Kok. He was searched and found to have the drugs the subject of the 1st charge in his pocket. He was taken to his premises nearby in Tai Kok Tsui Road, and there were found the drugs the subject of the 2nd charge.
When he was later interviewed, he admitted trafficking in both the drugs found in his pocket and those found in his room.
So far as the drugs the subject of the 1st charge are concerned, I take a starting point of sentence of 4 years’ imprisonment. I reduce that to a sentence of 2 years 8 months’ imprisonment to reflect the defendant’s plea of guilty. There are no other matters of substantial mitigation apart from the defendant’s plea of guilty.
In regard to the 2nd charge, I take a starting point of sentence of 6 years’ imprisonment, reduced to 4 years’ imprisonment, again to reflect the plea of guilty.
Having regard to the appropriate totality of sentence, and bearing in mind that the sum total of the drugs trafficked by the defendant was approximately 100 grammes, I order that only 8 months of the two sentences be served consecutively.
That is a total sentence of 4 years 8 months' imprisonment.
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