HKSAR v. Chu Leung Leong

HCCC 41/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 41 OF 2009

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Before: Deputy High Court Judge Mackintosh in Court

Date of Hearing: 24 March 2009

Date of Sentence: 24 March 2009

Offence: Trafficking in a dangerous drug (販運危險藥物)

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REASONS   FOR   SENTENCE

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1.You have pleaded guilty to “Trafficking in a Dangerous Drug” in the Magistrate’s Court have been committed for sentence.

2.The dangerous drugs in question is a mixture containing 834 grammes of ketamine, valued at around HK$127,000.

3.You were apparently acting as a courier within Hong Kong in respect of those drugs, transporting them from one place to another, and you told the police you were paid $1,000 for doing so.

4.You are 21 years of age.  You have one conviction recorded against you, but that is in respect of a matter for which you were sentenced to a term of imprisonment of 2 months, suspended for 2 years, in October last year, that is to say after the date of the present offence.  I am told that it also involved ketamine.  Nevertheless, the Magistrate thought fit to impose that sentence.

5.For the purpose of your sentence today, in respect of the present matter, I shall wholly ignore that other conviction.  You are not, of course, in breach of the suspended sentence.

6.Now, I have no doubt that you have been told already by Mr Fu, your counsel, who is very experienced in these matters, that sentencing for trafficking in a dangerous drug is based on the guidelines laid down by the Court of Appeal.  That is to say, sentencing scales set according to the quantity of dangerous drugs involved.  This is designed to ensure that all offenders are sentenced in broadly the same way and upon the same basis.

7.As a result of the prevalence of the misuse of ketamine, the Court of Appeal set new guidelines for trafficking in ketamine cases on 6 June 2008.  Your offence was committed after that date and therefore the new guidelines apply.

8.The quantity of around 800 grammes in your case puts you into the category of sentence for 600-1,000 grammes, which carries sentences, after trial, of 12-14 years.

9.I am satisfied that the sentence in your case should start, that is to say before discount for your mitigation, at 13 years’ imprisonment.

10.Your mitigation is primarily your plea of guilty.  I do note what has been said by your family, which is here court today supporting you, in a letter from your brother, as well as a letter from yourself.  I accept your remorse is genuine.

11.These matters together allow me to discount the sentence by 1/3, and the sentence that I impose upon you is therefore one of 8 years and 8 months’ imprisonment.

Mr Vincent Wong, Senior Public Prosecutor, for the HKSAR

Mr C S Fu, instructed by Legal Aid Department, for the Defendant