HKSAR v. Kai Chi Ming

Read the full judgment text of HCCC 436/2015 on BabelCite. This High Court CFI judgment was delivered on 14 March 2016.

Case No.HCCC 436/2015
Court
High Court CFI
Date14 Mar 2016
Judge
Case Document
100%Judiciary

HCCC 436/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 436 OF 2015

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  HKSAR  
  v  
  KAI Chi-ming  

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Before: DHCJ V Bokhary
Date: 14 March 2016 at 10 am
Present: Mr Leslie Parry, on fiat, for HKSAR
Mr Bruce Tse Chee Ho, instructed by Pang, Kung & Co,assigned by DLA, for the accused
Offence: Trafficking in a dangerous drug (販運危險藥物)

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

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COURT: I have taken into account everything that your counsel has urged on your behalf. You stand convicted of one charge of trafficking in a dangerous drug. The quantity of drugs involved is 442 grammes of a crystalline solid containing 433 grammes of methamphetamine hydrochloride, commonly known as ‘Ice’.

All things considered, I adopt a starting point of 17 years’ imprisonment. Having taken into account everything urged on your behalf, including your plea of guilty, I consider that a discount reducing the starting point to one of 11 years and 4 months to be appropriate.

You were convicted of possession of dangerous drugs on 14 February 2014 and you were sentenced to 4 months’ imprisonment, suspended for 2 years. The present offence was committed on 17 March 2015 which was committed within that two‑year suspension period.

All things considered, I do not think it appropriate wholly to ignore the suspended sentence. But having regard to all the circumstances, including the seriousness of the present offence compared with the one for which the suspended term was imposed, I will only activate half of that suspended term.

I therefore sentence you to 11 years and 4 months for the present offence and I order that 2 months of the four‑month suspended term be activated which 2 months are to be served after the conclusion of the sentence of 11 years and 4 months for the present offence.