HKSAR v. Leung Tak Wah

Case No.HCCC 177/2009
Court
High Court CFI
Date21 Jul 2009
Judge
Case Document
100%

HCCC177/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 177 OF 2009

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  HKSAR  
  v  
  Leung Tak Wah  

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Before:

The Honourable Mrs Justice V Bokhary

Date:

21 July 2009 at 10.31 am

Present:

Mr Harish Melwaney, SPP of the Department of Justice, for HKSAR
Mr Hanif Mughal, instructed by Messrs Chiu, Szeto & Cheng (assigned by DLA), for the Accused

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: Leung Tak-wah, you stand convicted on your own pleas of guilty on two counts of trafficking in a dangerous drug.

The drugs involved in the 1st charge are 1,128.26 grammes of a powder containing 913.21 grammes of cocaine hydrochloride. The drugs involved in the 2nd charge are 246.86 grammes of powder containing 192.56 grammes of cocaine hydrochloride and 532.96 grammes of solid containing 437.02 grammes of cocaine.

The appropriate starting point after trial is, in my view, in the region of 22 years under Charge 1 and 20 years under Charge 2.

I have taken into account everything urged by your counsel in mitigation on your behalf, particularly your early pleas and your co‑operation with the police. I consider that a discount reducing the sentence under Charge 1 to one of 14 years and 8 months, and under Charge 2 to one of 13 years and 4 months to be appropriate.

In all the circumstances and having regard to the total narcotic contents under the two charges, and bearing in mind the principle of totality, I consider that an overall sentence of 16 years to be appropriate in this case.

To achieve that, I sentence you to 14 years and 8 months’ imprisonment under Charge 1 and 13 years and 4 months’ imprisonment under Charge 2; and I order that 1 year and 4 months out of the 13 years and 4 months’ imprisonment under Charge 2 to be served consecutively, and the remaining 12 years thereof to be served concurrently with the 14 years and 8 months’ imprisonment which I have passed on you under Charge 1.

You will therefore go to prison for a total of 16 years’ imprisonment.