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HCCC215/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 215 OF 2009
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| Before: |
Deputy High Court Judge Line, in Court |
| Date: |
14 August 2009 at 9.58 am |
| Present: |
Miss Rosaline S Y Leung, Senior Public Prosecutor, of the Department of Justice, for HKSAR
Miss See Heung Woon, Sabrina, instructed by James W L Li & Co., 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: Stand up, please. I have to sentence you for trafficking in a dangerous drug Ice. You were caught carrying, in order to deliver to someone else, 51.18 grammes of it.
It will have been explained to you that sentencing for drug trafficking in Hong Kong is based on guideline cases, and the starting point for the length of term of imprisonment depends on the nature of the drug and the quantity of it. You fall in the category that runs from 10 to 70 grammes, attracting a starting point after trial of 7 to 10 years. If one approached the matter entirely mathematically the starting point would be 9 years. However, the exercise is not entirely mathematical, and I shall give some weight to the nice mitigation I have heard advanced by your counsel.
You confessed at the time of your arrest. Your role was that of a deliverer. You pleaded guilty at the first opportunity in the Magistrates’ Court. Twelve days ago you became a father. The fact was that you were an orphan yourself. You will appreciate that to a great extent my hands are tied because the courts lean heavily in favour of consistency when it comes to sentencing people for trafficking in drugs.
But to reflect those matters I have mentioned, I will reduce the starting point to one of 8½ years. Your plea attracts a discount of one-third. So the resulting sentence is one of 5 years and 8 months.
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