HKSAR v. Yeung Kim Wai

Case No.HCCC 146/2009
Court
High Court CFI
Date04 Aug 2009
Judge
Case Document
100%

HCCC146/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 146 OF 2009

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  HKSAR  
  v  
  YEUNG KIM WAI  

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Before:

The Honourable Mrs Justice V Bokhary

Date:

4 August 2009 at 4 pm

Present:

Ms Laura Ng, SPP of the Department of Justice, for HKSAR
Mr Duncan Percy, instructed by Messrs M C A Lai & Co (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: Accused, you stand convicted of one charge of trafficking in dangerous drugs.

You have pleaded guilty at the Magistrates’ Court and you have been committed to the High Court for sentence.

The quantity of drugs involved is 247.97 grammes of a powder containing 204.01 grammes of ketamine. Under the appropriate sentencing guidelines, the sentencing starting point for 50 to 300 grammes of ketamine is between 6 to 9 years’ imprisonment.

It has been said on your behalf that up to 50 grammes of those drugs were for your own consumption, which is accepted by the prosecution. Even taking that into account, the quantity of drugs involved in this case in which you have trafficked is well within the range which I have mentioned.

I have taken everything into account urged by your counsel on your behalf. All things considered, I adopt a starting point of 7½ years. The only mitigation of substance is your guilty plea. For that plea, I give you a one-third discount.

So I sentence you to 5 years’ imprisonment.