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HCCC135/2011
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 135 OF 2011
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Before:
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DHCJ Stuart-Moore
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Date:
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22 June 2011 at 9.44 am
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Present:
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Mr Vincent W S Wong, SPP of the Department of Justice, for HKSAR
Miss Anita Ma, instructed by the Legal Aid Department, for the Defendant
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Offence:
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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, Yik Long-yin, pleaded guilty in the Eastern Magistrates’ Court on 15 April 2011 to the drug trafficking charge now before me, and he has confirmed his plea in these proceedings.
Briefly, the facts relate to the defendant’s arrest at 8.40 pm on 3 November 2010, when he was found in possession of a quantity of powder containing 200 grammes of ketamine.
The estimated street value of these drugs was $27,840.
Police also found in the defendant’s possession a number of resealable bags.
The defendant is aged 23, and he has a number of convictions for possession of dangerous drugs and other drug-related offences, although there is no previous offence of trafficking in dangerous drugs.
He admitted to the police that he was unemployed and sold ketamine to his friends.
Under the guidelines in The Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1, the suggested sentence for traffickers of between 50 and 300 grammes is 6 to 9 years’ imprisonment.
In my judgment, a proper starting point if you had been convicted after trial would have been 8 years’ imprisonment. As it is, you will receive the full benefit for a timely plea and your remorse, and your sentence will be reduced by one‑third.
The sentence therefore is 5 years and 4 months’ imprisonment.
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