HKSAR v. Tsao Chun Yin

Case No.HCCC 437/2023[2024] HKCFI 3002
Court
High Court CFI
Date19 Aug 2024
Judge
Case Document
100%

HCCC 437/2023

[2024] HKCFI 3002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 437 OF 2023

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  HKSAR  
  v  
  Tsao Chun-yin  

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Before:  Hon Andrew Chan J
Date:  19 August 2024 at 9.42 am
Present:  Ms Angel Yuen, SPP of the Department of Justice, for HKSAR
  Mr Chan Pak-kong, instructed by Peter K H Wong & Co, assigned by DLA, for the accused
Offence:   Trafficking in dangerous drugs (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: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance.

In the evening on 29 November 2022, the defendant was intercepted by police officers in Ma On Shan. On a red sling bag that he was carrying, police officers found 19.8 grammes of cocaine.

In another recycle bag that he was carrying, police officers found 252.7 grammes of ketamine, a number of resealable plastic bags, one electronic scale.

Under caution, the defendant told police officers that he was delivering those drugs for $4,000.

The defendant is now 30, educated up to Form 4 level. He has one criminal record relating to possession of dangerous drugs.

Mitigation letters from the defendant’s ex-colleagues and district councillor have been furnished to this court for

the court’s consideration. Essentially, your ex-colleagues and friends ask for leniency from this court on behalf of you. I understand their wish, however my hands are tied by the Court of Appeal’s decision.

The Court of Appeal has laid down guidelines for sentencing regarding trafficking in dangerous drugs. Counsel from both sides have kindly agreed that the starting point for trafficking in both cocaine and ketamine in the amount mentioned in the charge is one of 107 months’ imprisonment. Without further evidence pointing to otherwise, it is accepted that the role of the defendant on that day is confined to acting as a courier. This is the extent I can do to show mercy from this court.

Giving the full one-third discount to the defendant for his earliest plea, for the sole offence the defendant stands convicted, he is therefore sentenced to 71 months’ imprisonment.