HKSAR v. To Chun Man

Case No.HCCC 82/2009
Court
High Court CFI
Date15 Apr 2009
Judge
Case Document
100%

HCCC82/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 82 OF 2009

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  HKSAR  
  v  
  TO CHUN MAN  

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Before:

Deputy High Court Judge Lugar-Mawson in court

Date:

15 April 2009 at 10.08 am

Present:

Mr Vincent Wong, SPP of the Department of Justice, for HKSAR
Mr John Ewan Halley, instructed by the Director of Legal Aid, for the Accused

Offence:

Trafficking in dangerous drugs (販運危險藥物罪)

Transcript of the Audio Recording
of the Sentence in the above case

COURT:  To Chun-man, you must be aware that trafficking in dangerous drugs of any type is rightly regarded as a very serious criminal offence.

I am told that your intention in relation to this very large quantity of “Ice” was to share it with friends.  That is, nevertheless, trafficking in dangerous drugs and it is regarded just as seriously as those cases where defendants sell drugs for profit.  The law’s concern is not so much with the profit made from dangerous drugs, but with the very great harm to society caused by the circulation of these filthy substances.

From what he has told me in mitigation on your behalf, your counsel, Mr Halley, will have told you that there are guidelines set down for all judges as to how we should sentence people who traffic in “Ice”.  Those guidelines were set long ago by the Court of Appeal, and all judges are expected to stick to them unless there are very strong reasons for them not to do so.  I have to tell you that there are no very strong reasons in your case. 

I note that you have a lengthy criminal record and I make it clear that I am in no way aggravating or increasing your sentence because of the fact that you have a criminal record.

Your only mitigation is that you pleaded guilty at the earliest opportunity and co-operated with the authorities, and because of that, it is well recognised that you are entitled to a substantial discount from the sentence you would have received had you pleaded not guilty, taken the matter to trial, and been found guilty by a jury.  Your plea of guilty indicates realism on your part.  It also indicates a degree of remorse.

I have to tell you that had you been found guilty by a jury after trial, had you contested this case, I, following the guidelines I have spoken of, would have had in mind a sentence of 9 years’ imprisonment for your offence.  However, because of your co-operation and your plea of guilty, I am permitted to reduce that sentence very substantially.

I am reducing it by one-third to a sentence of 6 years' imprisonment, which is the sentence I now pass upon you.