HKSAR v. Yip Kwok Kwan

Case No.HCCC 371/2010
Court
High Court CFI
Date07 Dec 2010
Judge
Case Document
100%

HCCC371/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 371 OF 2010

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  HKSAR  
  v  
  Yip Kwok Kwan  

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Before:

The Honourable Mr Justice Line

Date:

7 December 2010 at 9.43 am

Present:

Ms Lam Tak-wing, Winnie, Senior Public Prosecutor of the Department of Justice, for HKSAR
Mr Osmond Lam, instructed by Messrs Sanny Kwong
Henry Lo, for the Accused

Offence:

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: I have to sentence you for trafficking in dangerous drugs.

The drug in question was ketamine, and you were trafficking in 367 grammes of it.

You were in possession of the drugs at your home, where you were repackaging it into smaller amounts. Your motive was to make a profit.

It will have been explained to you that sentencing for drug trafficking is based on guidelines, which are in turn based on the quantity of the drug in question.

You are in the category that runs from 300 grammes to 600 grammes, attracting a starting point after trial of 6 to 9 years’ imprisonment.

You have a clear record. Your counsel has mitigated very nicely on your behalf and explained the events that led up to you seeking to make money in this way.

In those circumstances, especially because you pleaded guilty in the Magistrates’ Court, I shall take a starting point at the very bottom of the bracket, and that is a starting point of 9 years’ imprisonment.

You earn a one-third discount because of your plea, and accordingly, the sentence I pass is one of 6 years’ imprisonment.