|
HCCC251/2010
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 251 OF 2010
--------------------
| |
HKSAR |
|
| |
v |
|
| |
Leung Chi Ho Kenneth |
|
--------------------
|
Date:
|
28 September 2010 at 9.56 am
|
|
Present:
|
Mr Franco Kwan, Ag SPP of the Department of Justice, for HKSAR
Mr William Stirling, instructed by Eric Chan & Co, assigned by 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: On 27 January this year, the police were keeping watch on a car park in Sha Tin. A vehicle arrived in which you were a front-seat passenger. You were holding a container which subsequently was found to contain the drugs involved in this charge, namely 200.67 grammes of ketamine. You later told the police in an interview that you had agreed to deliver these drugs in return for a reward of $500.
I note that although you have a fairly extensive list of previous convictions, none relates to possession of or trafficking in dangerous drugs, although the sentences imposed on you in 2007 and 2008 clearly indicate that you were, at that stage, anyway, a drug abuser.
You were released from service of the last sentence on 7 January 2010, and committed this offence 20 days later.
In Secretary for Justice v Hii Siew Cheng, the Court of Appeal laid down guidelines for trafficking in ketamine. The quantity that you dealt with falls into the fourth band of between 50 and 300 grammes, for which 6 to 9 years’ imprisonment is indicated as correct.
The appropriate starting point for this quantity of drugs is 8 years' imprisonment.
The only mitigation available to you is your plea of guilty, for which you are entitled to the usual one-third reduction.
You will serve 5 years and 4 months' imprisonment.
|