HKSAR v. Chan Ping Cheung

Case No.HCCC 117/2009

Court

High Court CFI

Date27 Jul 2009

Judge—

Case Document

100%

HCCC117/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 117 OF 2009

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	HKSAR
	v
	CHAN PING CHEUNG

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Before:

Deputy High Court Judge Line in Court

Date:

27 July 2009 at 9.50 am

Present:

Mr P J Power, SPP of the Department of Justice, for HKSAR
Mr Patrick Loftus, instructed by Jack Fong & Co., assigned by the Director of Legal Aid, for the Accused

Offence:

(1) Trafficking in a dangerous drug (販運危險藥物)
(2) Possession of dangerous drug (管有危險藥物)

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: Stand up, please. I have to sentence you on your own pleas for trafficking in dangerous drugs and for possession of dangerous drugs. The trafficking involved carrying, for delivery purposes, just over 50 grammes of Ice. At your home you had a small amount of Ice and heroin for your own consumption.

You are 58. You have been a drug addict for 35 years. It does not need me to explain therefore that you know perfectly well the sentencing is based on guidelines which are in turn based on the nature of the drug and the quantity.

I should give you credit for your plea of guilty, and I take into account the nice letter that your daughter has written. That allows me to be modest with the starting point, but within the right bracket, and also to give you a full one-third discount.

Accordingly, on the 1st count there will be a sentence of 4½ years’ imprisonment. On Count 2 there will be a sentence of 8 months’ imprisonment. But, in the circumstance, I shall order that to run concurrently.

The total is thus 4½ years.