HKSAR v. Koon Ho Yin

HCCC 76/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 76 OF 2015

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: I have to sentence you for trafficking in dangerous drugs. The drug in question was ‘Ice’, methamphetamine hydrochloride and you were caught delivering 970 grammes of it. It would have been explained to you that the sentencing of drug trafficking is based upon guidelines which are in turn based upon the weight of the drug in question. At 970 grammes, you fall in the middle of the bracket that runs from 600 grammes to 1200 grammes attracting a starting point of imprisonment after trial of 20 to 23 years’ imprisonment.

Accordingly, a starting point in the region of 21½ years would apply to your case. You earn a one-third discount for your plea of guilty, and that would produce a sentence of 14 years and 4 months.

In order to achieve even-handedness amongst men or women convicted of crimes like this, there is little room to alter the sentences for personal mitigation. The room I have to manoeuvre on your behalf, to reflect the mitigation that I have heard and presented by Ms Li, is limited. But I do note that you confessed this matter to the police and that you indicated your plea of guilty at an early stage.

I cannot increase your discount mathematically for that reason: it is the same discount under our system for the man who pleads guilty at the door of the court having got everyone here for a trial. But whilst not attracting a specific discount in itself it is not a matter to be ignored in the overall assessment of the right sentence.

I see that you were only 18 years old at the time, and I have read letters from your family, a social worker, and your previous employers, and they all speak well of you. In addition, I have had a letter from yourself and you have a clear insight into the situation which you now find yourself.

I take those matters into account, because it is not all just a question of pure mathematics.

In the circumstances, to reflect the mitigation I have heard and your role in the matter I shall pass a sentence of 13½ years’ imprisonment. I appreciate for a young man who is still only 19, that is a very long sentence, but it is the least you could hope for in the circumstances.

As you say in your letter that you wrote to me, I hope you will take the opportunity to make the best of your time and take up especially the educational opportunities that will be offered to you.