HKSAR v. Leung Kwok Kuen

Case No.HCCC 39/2009
Court
High Court CFI
Date20 Mar 2009
Judge
Case Document
100%

HCCC39/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 39 OF 2009

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

  HKSAR  
  v  
  LEUNG Kwok-kuen  

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Before:

The Honourable Mrs Justice V Bokhary

Date:

20 March 2009 at 9.59 am

Present:

Mr Harish Melwaney, SPP, of the Department of Justice, for HKSAR
Mr Kwan Hung-fan, Jasper, 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:  Leung Kwok-kuen, you stand convicted on your own pleas of guilty on two charges of trafficking in a dangerous drug.

The drugs involved in the 1st charge is 21.75 grammes of a powder containing 17.35 grammes of ketamine.  The drugs involved in the 2nd charge is 353.56 grammes of a powder containing 282.62 grammes of ketamine.

The appropriate starting point after trial is, in my view, in the region of 4½ years’ imprisonment under Charge 1 and 8½ years’ imprisonment under Charge 2.

Having taken into account everything urged by your counsel in mitigation on your behalf, including in particular your very early pleas of guilty and your co-operation with the police, I consider a discount reducing the sentences under Charge 1 to one of 3 years and under Charge 2 to one of 5 years and 8 months to be appropriate.

In all the circumstances and bearing in mind the principle of totality, I consider that an overall sentence of 6 years to be appropriate for the total amount of drugs involved in this case.

To achieve that, I sentence you to 3 years imprisonment under Charge 1 and 5 years and 8 months imprisonment under Charge 2, and I order that 3 years out of the 5 years and 8 months imprisonment under Charge 2 to be served consecutively with the 1st charge, and the remaining 2 years and 8 months' imprisonment to be served concurrently with the 3 years’ imprisonment which I have passed upon you under Charge 1.

You will therefore go to prison for a total of 6 years' imprisonment.