Mr Fu Chong-sang, instructed by Messrs Jal N Karbhari & Co (assigned by DLA)
HCCC 478/2011
HCCC478/2011
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 478 OF 2011
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Transcript of the Audio Recording of the Sentence in the above Case
COURT: Yeung Shek-yung, you stand convicted on your own plea of guilty on one charge of trafficking in dangerous drugs.
The drugs involved are 12.03 grammes of a crystalline solid containing 11.70 grammes of methamphetamine hydrochloride, 37.60 grammes of a mixture containing 14.23 grammes of heroin hydrochloride, 9.45 grammes of cannabis in herbal form, and 200 tablets containing 0.87 grammes of nimetazepam. I have considered everything urged on your behalf. As to the appropriate approach to sentencing on a count of trafficking different types of drugs, I follow the approach indicated by the Court of Appeal in the case of Wong Kin Kau decided on 4 May 2010. In following that approach, I will do so having considered everything urged on your behalf, including the fact that it is accepted by the prosecution that an insignificant amount of the heroin seized was for your own consumption. All things considered, I adopt a starting point of 7½ years’ imprisonment. Having considered everything urged on your behalf, including your plea of guilty, I shall reduce that starting point by one-third, resulting in a sentence of 5 years’ imprisonment. You will therefore go to prison for 5 years.
The drugs involved are 12.03 grammes of a crystalline solid containing 11.70 grammes of methamphetamine hydrochloride, 37.60 grammes of a mixture containing 14.23 grammes of heroin hydrochloride, 9.45 grammes of cannabis in herbal form, and 200 tablets containing 0.87 grammes of nimetazepam.
I have considered everything urged on your behalf. As to the appropriate approach to sentencing on a count of trafficking different types of drugs, I follow the approach indicated by the Court of Appeal in the case of Wong Kin Kau decided on 4 May 2010. In following that approach, I will do so having considered everything urged on your behalf, including the fact that it is accepted by the prosecution that an insignificant amount of the heroin seized was for your own consumption.
All things considered, I adopt a starting point of 7½ years’ imprisonment. Having considered everything urged on your behalf, including your plea of guilty, I shall reduce that starting point by one-third, resulting in a sentence of 5 years’ imprisonment.
You will therefore go to prison for 5 years.