HKSAR v. Kwok Tung

HCCC158/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 158 OF 2009

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Before:   DHCJ Geiser

Date: 8 July 2009 at 10.00 am

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

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

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COURT:  Defendant, you appear before this court for sentence, having pleaded guilty in the court below to a charge of trafficking in a dangerous drug, contrary to Section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134, Laws of Hong Kong; the particulars being that you, on 5 December of last year, at Pak Wo Road, Fanling, unlawfully trafficked in 1,488.45 grammes of a powder containing 1,236.59 grammes of ketamine. 

The brief facts, which you have admitted, are simple, and indicate that at the date and place mentioned in the charge, you were stopped and searched, and the drugs, which were contained in five separate bags, were found in your underpants.

In sentencing you, I take into account all that has been said on your behalf by your counsel, but the fact is that the only real mitigation is your plea of guilty to this charge, which is an indication of your remorse.  I will give you the full discount in sentence to reflect this.

I adopt a starting point of 15 years’ imprisonment.  This will be discounted by one-third to reflect your plea of guilty, coming to a sentence of 10 years’ imprisonment.