HKSAR v. Leung Yu Ping

Case No.HCCC 85/2010
Court
High Court CFI
Date25 May 2010
Judge
Case Document
100%

HCCC85/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 85 OF 2010

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  HKSAR  
  v  
  LEUNG YU PING  

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Before:

The Honourable Mrs Justice V Bokhary

Date:

25 May 2010 at 9.55 am

Present:

Miss Winnie Lam, SPP, of the Department of Justice, for HKSAR
Mr Kwong Ki-tack, instructed by Messrs S Y Chu & Co, for the Accused

Offence:

(1) Possession of a dangerous drug (管有危險藥物)
(2) 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 Yu-ping, you stand convicted on your own pleas of guilty to one count of possession of dangerous drugs and one count of trafficking in a dangerous drug.

The drugs involved under the possession count are 42 grammes of solid containing 30 grammes of cocaine. The drugs involved under the trafficking count are 14.725 kilograms of solid containing 8.612 kilograms of cocaine.

Having regard to the quantity of the drugs involved under Count 1, I adopt a starting point of 3½ years and enhance it by 9 months to take into account the latent risk factor, thereby making a starting point of 4 years and 3 months.

Having regard to the quantity of drugs under Count 2, I adopt a starting point of 28 years.

I have taken into account everything urged in mitigation on your behalf. You have a clear record. However, there is really no real mitigation apart from your pleas of guilty.

All things considered, I think that a discount reducing the sentences to one of 2 years and 10 months’ imprisonment under Count 1 and one of 18 years and 8 months’ imprisonment under Count 2 is appropriate.

In all the circumstances, and bearing in mind the principle of totality, I order that the two sentences run concurrently.

You will therefore go to prison for a total of 18 years and 8 months, and I sentence you to that term.