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HCCC174/2010
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 174 OF 2010
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Before:
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The Honourable Mrs Justice V Bokhary
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Date:
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7 October 2010 at 2.49 pm
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Present:
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Mr Ian Polson, counsel-on-fiat, instructed by the Department of Justice, for HKSAR
Mr Ken Ng, instructed by Messrs Joseph C T Lee & Co. (assigned by DLA), for the Accused
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Offence:
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(1) & (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: Kwok Pui-yee, you stand convicted on your guilty pleas of two counts of trafficking in dangerous drugs. The drugs consisted, under Count 1, of 510.70 grammes of a solid containing 414 grammes of cocaine and, under Count 2, of 24.23 grammes of a solid containing 20.89 grammes of cocaine.
You trafficked in the Count 1 drugs together with Mr Ching Tsan-pan who has already been sentenced. You trafficked in the Count 2 drugs on your own.
Both offences were committed on the same occasion and at the same premises. Mr Ching had collected the Count 1 drugs at the premises where you were and he was apprehended by the police as he was carrying them from the premises. The Count 2 drugs were found by the police at the premises where, as I have said, you were.
I have listened to everything said in mitigation on your behalf. I will approach your case on the basis that Mr Ching recruited you into the drug trade; that this is a significant factor in all the circumstances; and that you are less deserving of punishment than Mr Ching.
On Count 1, I adopt a starting point of 14 years’ imprisonment. On Count 2, I adopt a starting point of 5 years and 6 months’ imprisonment.
The only real mitigation available to you consists of your guilty pleas. For them, I reduce your term on Count 1 to 9 years and 4 months’ imprisonment and your term on Count 2 to 3 years and 8 months’ imprisonment.
Being separate offences, one committed with Mr Ching and one committed alone, your offences attract separate sentences - but I will of course apply the principle of totality to ensure that you are not sentenced more severely than is appropriate.
You will not receive a heavier total sentence than you would receive if the drugs in the two counts were the subject matter of a single count. I would not take a higher starting point for a single count involving the combined amount of cocaine involved in Counts 1 and 2, which comes to 434.89 grammes, than I would for the 414 grammes involved in Count 1 alone.
The terms on Count 1 and Count 2 will be wholly concurrent, so you will go to prison for a total of 9 years and 4 months.
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