HKSAR v. Choi Lai Chu, Connie

HCCC 469/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 469 OF 2015

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

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COURT: The jury have convicted you of trafficking in a dangerous drug. The drug was ‘Ice’ and the amount of it in grammes was 248. There was a small amount of heroin involved but for the purposes of sentencing you I ignore that.

You would have been told that sentencing in Hong Kong for trafficking in dangerous drugs is based upon guidelines which are based on the weight and nature of the drug. For the ‘Ice’, you fall into the category that runs from 70 grammes to 300 grammes, attracting a sentence of imprisonment of between 11 and 15 years. Mathematically, you come towards the top of that and I will start by looking at a term of 14 years’ imprisonment.

However, there is an aggravating feature in your case which is that you have previously been convicted of trafficking in a dangerous drug and sent to prison for 32 months for it. That was as recently as 2010 and you were only discharged from custody in 2012. I shall reflect that aggravation by taking the starting point up to one of 14½ years.

There is no real mitigation in your case. The evidence against you was overwhelming. You know you have turned your back on what would have been a one-third discount of the sentence following a plea of guilty. You turned your back on that course and chose to try and avoid your responsibility by giving dishonest evidence.

I make it clear that I do not increase your sentence because you fought the case and made serious allegations against policemen and lost. I am not allowed to increase it for that reason, and I do not. But because you chose means that I am not disposed to show you any mercy.

The sentence is 14½ years’ imprisonment.