HKSAR v. Chung Kim Fung

Case No.HCCC 429/2015

Court

High Court CFI

Date04 Jan 2016

Judge—

Case Document

100%Judiciary

HCCC 429/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 429 OF 2015

-----------------

	HKSAR
	v
	CHUNG Kim-fung

------------------

Before:

DHCJ Lugar-Mawson

Date:

4 January 2016 at 9.47 am

Present:	Mr P J Power, SADPP of the Department of Justice, for HKSAR
	Ms Cannise M Y Chan, instructed by Chong & Yen, assigned by DLA, for the accused

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: Chung kim-fung given your criminal record and the fact you have been an addict for over 20 years now, you are fully aware of the danger that heroin, in fact all dangerous drugs, present to society, and yet despite your awareness of that you lent you aid to this filthy trade.

I take account of the fact that your criminal record is mainly for offences of possession of dangerous drugs. This is the first time you have been convicted of an offence of trafficking in dangerous drugs. I do not propose to increase your sentence just because your record.

I have listened carefully to what Ms Chan had to say about your background and your family circumstances, and there is nothing in your personal circumstances which I find to be of any mitigating value.

Your only mitigation is the fact that you have pleaded guilty, and pleaded guilty at the earliest opportunity before the magistrate. That indicates realism and an acceptance of your wrongdoing, and that is some indication of remorse. You will receive recognition for your early plea of guilty in the sentence that I am about to pass upon you.

From what Ms Chan has told me, she has made you aware that there are guidelines laid down by the Court of Appeal for all judges as to how we should sentence those who traffic in dangerous drugs. And Ms Chan will have told you that judges are expected to stick to these guidelines unless there are exceptional reasons not to. There are no exceptional reasons in your case.

Had you taken this matter to trial, had you pleaded not guilty and had a jury found you guilty of the offence of trafficking in dangerous drugs, I would have sentenced you, following those guidelines, to a term of imprisonment of 7½ years.

Because of your plea of guilty, I can reduce that sentence and I propose to do so by one-third to a sentence of 5 years’ imprisonment, which is the sentence that is now passed upon you.