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HCCC204/2010
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 204 OF 2010
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Before:
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The Honourable Mrs Justice V Bokhary
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Date:
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14 September 2010 at 10.06 am
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Present:
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Ms B D Sujanani, counsel-on-fiat, instructed by the Department of Justice, for HKSAR
Mr Jeffrey Fenton, instructed by Messrs Lo, Wong & Tsui (assigned by DLA), for the Accused
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Offence:
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(1) Possession of a dangerous drug (管有危險藥物)
(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: Chong Huen-yiu, I have taken into account everything that has been urged on your behalf.
On Count 1, which is of simple possession of 13.23 grammes of a powder containing 11.23 grammes of ketamine, I adopt a starting point of 1½ years' imprisonment.
On Count 2, which is of unlawful trafficking of 3,452.62 grammes of a powder containing 2,854.77 grammes of ketamine, I adopt a starting point of 16 years’ imprisonment. This is a starting point lower than the one adopted in one of the cases cited to me, HKSAR v Lam Kwok Hing, HCCC382/2009, 13 January 2010, for slightly less ketamine than the amount which you trafficked.But there are material differences between your case and that case and the differences are in your favour. The main difference is that Lam's case was aggravated by the bringing of dangerous drugs into Hong Kong, while your case is not aggravated by any such element.
The only real mitigation available to you consists of your pleas of guilty. Giving you a one-third discount for those pleas on each count, I pass on you sentences of 1 year's imprisonment on Count 1 and 10 years and 8 months’ imprisonment on Count 2.
I order that those terms be served concurrently, so your total sentence is 10 years and 8 months’ imprisonment.
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