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HCCC265/2008
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 265 OF 2008
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Before: Deputy High Court Judge Longley
Date: 15 January 2009 at 12.12 pm
Present:
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Mr Wong Wing-sum, Vincent, Senior Public Prosecutor of the Department of Justice, for HKSAR
Mr Kevin Tang, instructed by Messrs Reimer & Partners, for the Accused
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Offence: Trafficking in a dangerous drug (販運危險藥物)
Transcript of the Audio Recording
Of the Sentence in the above case
COURT: Wan Chi-wah, you have been committed to this court for sentence following your plea of guilty to a charge of trafficking in dangerous drugs in the Magistrates' Court on 7 November last year. The drugs involved were 243.14 grammes of a powder containing 167.41 grammes of ketamine.
You were stopped by the police at 9.25 in the evening on 9 July last year outside Yiu Him House in Yiu On Estate, Shatin. At that time you were holding a plastic bag that contained the drugs referred to in the charge. They were contained in nine packets. You told the police that you had come across a friend in Tai Po earlier that evening and had agreed to deliver the drugs to a man at Yiu Him House in return for a reward of $1,800.
Drug trafficking is a particularly evil offence. It brings great misery to those who ultimately become addicted to the drug, and to their families. The courts are bound to pass sentences to make it clear to others that this sort of offence will not be tolerated.
I have listened to all that has been said on your behalf by Mr Tang and I have read the letters that have been written on your behalf.
In my view the appropriate starting-point for a person trafficking in this quantity of drugs is 7½ years' imprisonment. You have pleaded guilty and are entitled to the usual discount of one-third. In normal circumstances that would result in a sentence of 5 years' imprisonment. However, I accept that you are a man who has shown positive good character in the past.
You received a Good Citizen Award in 2001 and I am told that was for assisting the police in apprehending a robber. You had started life well. You have won this award. You were a good employee. It is sad that you should have failed to live up to the good character you displayed on the occasion for which you were awarded the Good Citizen Award. It is sad too that you should have failed to live up to the expectations of your family and those who care for you.
The gravity of the offence of trafficking means that a court can only give limited recognition to your positive good character. However, I am prepared to recognise it by giving a further discount of 3 months, so the sentence of this court is 4 years 9 months.
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