HKSAR v. Chen Kar Wai, Ken

Case No.HCCC 280/2008
Court
High Court CFI
Date20 Jan 2009
Judge
Case Document
100%

HCCC280/2008

 IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 280 OF 2008

-------------------

  HKSAR  
  v.  
  Chen Kar-wai, Ken  

--------------------

Before:  Deputy High Court Judge Line

Date:    20 January 2009 at 9.34 am

Present: 

Mr H H Melwaney, SPP of the Department of Justice, for HKSAR
Mr Cheung Kam-wing, Adonis, instructed by the Legal Aid Department, for the Accused

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:  Stand up, please.  I have to sentence you for trafficking  in dangerous drugs. 

The drug in question was ketamine.  You carried 816 grammes of it across the border into Hong Kong.  You frankly confessed what you had done and you pleaded guilty in the Magistrates' Court.  The street value of the drug in question was some $130,000. 

Other than probation in 1980 you are a man with a clear record.  You are not yourself a drug addict.  You suffer a distressing medical condition.  You committed the crime in question with your eyes open, knowing what you were doing, because you were in financial need.  You took the risk to take the reward for being a courier. 

It will have been explained to you that the sentences of  these cases are based on guidelines which are in turn based on the nature of the drug and the quantity of it.  You fall into a bracket where the starting-point for sentence is between 12 to 14 years' imprisonment.  We would have been given a graph, not guidelines with bands, if these things were entirely mathematical, but given the weight in question here you are somewhere in the middle of the bracket. 

You earn a third discount for your plea of guilty and what we are obliged to do is give the same discount whether, like you, you plead guilty at the earliest stage or whether you wait until a jury is empanelled and plead guilty at the door of the court. 

If I took a starting-point of 13 years and applied the discount the sentence would be 8 years and 8 months.  I do not forget the case has the aggravation of bringing the drug across a border but when it comes to looking at the right sentence at the end of the day, bearing in mind the early plea of guilty and the fact that you had kept out of trouble for most of your life and you are 45 years of age, I shall round it down to 8½ years' imprisonment because that is what I judge to be the right sentence on all the facts. 

I have taken account of the letter you wrote me - thank you for it - and I have given what is in it as much weight as I can, and the sentence is 8½ years.