HKSAR v. Leung Wing Fung

HCCC 476/2015

[2018] HKCFI 2681

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 476 OF 2015

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

Mr Leung, you have been ably represented by Mr Cheung throughout this trial and the previous voir dire. He has advanced your case as best he possibly could, given your instructions to him, but it is clear as a result of the verdict of the jury that your case was wholly disbelieved.

They did not accept that you were carrying a bag of rubbish to dispose of it that night. They did not accept that the police officers deliberately assaulted you. They did not accept that the police officers planted drugs upon you, but they were sure, by their verdict, that you were carrying a bag of drugs that night which contained 657 grammes of cocaine and they must have been sure, by their verdict, that your admission when you were arrested and cautioned was true, and that your extensive admissions in interview were true, and I sentence you on the basis of those admissions, which is that that evening when you were found to be in possession of the cocaine, you were about to pass it on to somebody else.

I am cynical about whether the whole of what you said in your interview was in fact the truth myself. I actually personally do not believe that you were doing a one-off act of passing drugs to somebody else for a friend you just happened to run into a few days before, but I am sentencing you on the basis of the case that was before the jury and what the jury found and that would have been the basis that you put forward in interview.

I take note of the guidelines from the Court of Appeal in HKSAR v Abdallah [2009] 2 HKLRD 437, and there is nothing which Mr Cheung has been able to say on your behalf on instructions which can mitigate the sentence that the Court of Appeal suggests is a proper sentence in the circumstances of this case, and as a consequence, you will go to prison for 20 years and 3 months.