HKSAR v. Chu Yin Shan

Read the full judgment text of HCCC 133/2010 on BabelCite. This High Court CFI judgment was delivered on 11 June 2010.

Cited by 1 case

Case No.HCCC 133/2010
Court
High Court CFI
Date11 Jun 2010
Judge
Case Document
100%Judiciary

HCCC133/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 133 OF 2010

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

  HKSAR  
  v.  
  CHU Yin-shan  

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

Before:

The Honourable Mrs Justice V Bokhary

Date:

11 June 2010 at 9.53 am

Present:

Ms Rosaline Leung, SPP, of the Department of Justice, for HKSAR
Ms Barbara Wong, instructed by the Legal Aid Department, 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: You stand convicted of one charge of trafficking in a dangerous drug on your own plea of guilty at the Magistrates’ Court which has remitted this case to this court for sentence.

The quantity of drugs involved is 139.96 grammes of a mixture containing 111.63 grammes of heroin hydrochloride. The drugs have been brought into Hong Kong from across the border which is an aggravating factor.

I shall take a starting point of 9½ years, enhance it by 6 months, making a total of 10 years’ imprisonment.

I have taken into account everything that has been urged on your behalf, particularly your plea of guilty and your co-operation with the police. I shall give you the full one-third discount.

Having done that, I sentence you to 6 years and 4 months’ imprisonment. You will therefore go to prison for 6 years and 4 months.

MS LEUNG: Yes, my Lady, I apply for disposal of exhibits.

COURT: Any objection to that?

MS WONG: No objection.

COURT: Order in term re disposal of exhibits. Thank you.

MS LEUNG: My Lady...

COURT: It has been pointed out that maybe there is a mathematical mis-calculation - yes, I made a mathematical mistake. I’ll have to work it out again.

It should be 6 years and 8 months’ imprisonment. I correct myself. It should be 6 years and 8 months because two-third of 10 years’ imprisonment is 6 years and 8 months. So I correct myself. It’s purely a mathematical mistake.

So you will go to prison for 6 years and 8 months which is two-third of 10 years’ imprisonment.

Is that right, the correct calculation?

MS LEUNG: Yes, my Lady, yes.

Cited by 1 case

Other judgments that cite this case