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HCCC307/2008
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 307 OF 2008
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Before: The Honourable Mrs Justice V Bokhary
Date: 13 February 2009 at 9.46 am
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Present:
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Mr Vincent Wong, SPP of the Department of Justice, for HKSAR
Mr Albert Poon Ying-yin, instructed by the Legal Aid Department, for the Accused
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Offence: Trafficking in a dangerous drug (販運危險藥物)
Transcript of the audio recording
of the Sentence in the above case
COURT: Accused, you stand convicted on your own pleas of guilty on two counts of trafficking in a dangerous drug.
The drugs involved in Charge 1 is 136.74 grammes of crystalline solid containing 129.86 grammes of methamphetamine hydrochloride. The drugs involved in Charge 2 is 1.98 grammes of a crystalline solid containing 1.92 grammes of methamphetamine hydrochloride. The appropriate starting point after trial is, in my view, in the region of 12 years’ imprisonment under Charge 1 and, under Charge 2, 3 years' imprisonment.
Having taken into account everything urged by your counsel in mitigation on your behalf, including your early pleas of guilty and your cooperation with the police, I consider that a discount reducing the sentences under Charge 1 to one of 8 years’ imprisonment and under Charge 2 to one of 2 years' imprisonment to be appropriate.
In all the circumstances, however, and bearing in mind the principle of totality, I am prepared to pass a concurrent sentence on you. That is based on the total amount of drugs involved. So you will be sentenced to 8 years' imprisonment under Charge 1 and 2 years' imprisonment under Charge 2. The sentences are to run concurrently. So in total you will go to prison for 8 years.
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