HKSAR v. Lau Wai Kit

HCCC 467/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 467 OF 2014

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

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COURT: Defendant, you have been found guilty by the jury. Your counsel has made submissions on your behalf to mitigate sentence. And the counsel on fiat for the government has very kindly asked me to treat you as having no record at all, although you had a minor record of gambling in a gambling establishment.

And for the offence trafficking in ketamine, the sentencing guidelines were laid down in the case of S for J v Hii Siew Cheng [2008] 3 HKC 323, and for the quantity bracket of 50 to 300 grammes, a sentence 6 to 9 years’ imprisonment is proper. According to pure mathematical calculation, the quantity of drugs involved in this case, being 202 grammes of ketamine, the appropriate sentence is no less than 7 years and 9 months’ imprisonment.

Your counsel has urged me, on your behalf, to take into account your age, your youth, as well as your little record, and asked me to exercise leniency over you in sentencing. But for a serious offence as trafficking in a dangerous drug, it is exceptional to give any effect as a mitigating factor to youth or clear record. However, I am prepared to be slightly lenient to you, to pass on you a sentence of 7 and a half years, and you are to go to jail for 7 and a half years.

You may sit down now.