HKSAR v. Cheung Wai Ping

Case No.HCCC 314/2010
Court
High Court CFI
Date26 Nov 2010
Judge
Case Document
100%

HCCC314/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 314 OF 2010

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

  HKSAR  
  v  
  Cheung Wai-ping  
------------------
Before: The Honourable Mrs Justice V Bokhary
Date: 26 November 2010 at 9.47 am
Present: Ms Winnie Lam, SPP of the Department of Justice, for HKSAR
Mr Fu Cheng-sang, instructed by Messrs S T Poon & Wong (assigned by DLA), for the Accused
Offence:  (1) and (2) 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 accused, Cheung Wai-ping, you stand convicted on your own plea of guilty on two counts of trafficking in a dangerous drug.

The drugs involved in Count 1 are 55.79 grammes of a powder containing 48.36 grammes of ketamine.

The drugs involved in Count 2 are 179.47 grammes of a powder containing 154.64 grammes of ketamine.

I consider the appropriate starting point for Count 1 to be in the region of 6 years, and for Count 2 to be in the region of 7 years.

I have taken into account everything urged in mitigation on your behalf, particularly your pleas of guilty. I consider a discount reducing the sentence to one of 4 years’ imprisonment under Count 1 and one of 4 years and 8 months under Count 2 to be appropriate.

In all the circumstances and bearing in mind the principle of totality, I consider an overall sentence of 8 years’ imprisonment to be appropriate. To achieve that overall sentence, I sentence you to 4 years’ imprisonment under Count 1 and 4 years and 8 months under Count 2, and I order that 1 year and 4 months under Count 2 be served consecutively to the 4 years’ imprisonment which I have passed upon you under Count 1.

So in total, you will go to prison for a total of 5 years and 4 months’ imprisonment.

I make it clear that the overall starting point is 8 years.