HKSAR v. Wong Shun Wing

Case No.HCCC 178/2009
Court
High Court CFI
Date14 Dec 2009
Judge
Case Document
100%

HCCC178/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 178 OF 2009

-----------------

  HKSAR  
  v.  
  Wong Shun-wing  

-----------------

Before: Hon. Tong J
Date: 14 December 2009 at 11.30 am 
Present:  Ms Chan Suk-wai, Winsome, SPP, of the Department of Justice, for HKSAR
Mr Poon Chin-ping, Jackson, instructed by Anthony So & Co., assigned by the Director of Legal Aid, for the Accused
Offence:  Trafficking in a dangerous drug (販運危險藥物)

 

--------------------------------------------------

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

--------------------------------------------------

COURT:  The defendant, Wong Shun-wing, pleaded guilty to the offence of trafficking in a dangerous drug.  The amount involved was 800-odd grammes of ketamine. 

According to the Admitted Facts, the defendant was intercepted by the police in the street of Sha Tau Kok.  The drugs were found inside his rucksack.

The defendant is now about 21 years of age and he had one previous conviction.  He was sentenced to Training Centre.

Of course, the biggest mitigating factor in this particular case is his guilty plea.  However, the defendant had done more.  Apart from pleading guilty, he had decided to disclose his other drug-trafficking activities and the identity of the person who had made the arrangement for him to transport ketamine from Shenzhen to Hong Kong. 

Not only did the defendant provide the information, he actually agreed to testify in the trial.  His evidence was accepted by the jury.  I also believe that he had given truthful evidence about what had transpired, according to his recollection.

In the circumstances, the defendant deserves to be given a 50 per cent discount for his sentence. 

Of course, financial difficulties cannot be an excuse for dealing with drugs and now the defendant has to face the serious consequence of a lengthy term of imprisonment.  I hope, however, that the defendant will not give up and will do his best with the educational programs offered by the Correctional Services.

I shall adopt a starting point of 13 years for the offence and reduce it by half.  The sentence is therefore 6½ years.