HKSAR v. Cheung Ka Chun

Case No.HCCC 402/2010
Court
High Court CFI
Date07 Jan 2011
Judge
Case Document
100%

HCCC402/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 402 OF 2010

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

  HKSAR  
  v  
  Cheung Ka-chun  
------------------
 
Before: The Honourable Mr Justice Line
Date: 7 January 2011 at 9.39 am
Present: Mr Harish Melwaney, Senior Public Prosecutor of the Department of Justice, for HKSAR
Ms Carol Fung Sheung-kit, instructed by Messrs Ho & Ip, assigned by the 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: I have to sentence you for trafficking in a dangerous drug. The drug was ketamine, and you were caught carrying 756 grammes of it.

It will have been explained to you that sentencing for trafficking in dangerous drugs here in Hong Kong follows guidelines. The guidelines are based on the nature of the drug and the quantity of it.

You fall in the category between 600 to 1,000 grammes, attracting a starting point, after trial, of 12 to 14 years’ imprisonment.

You pleaded guilty at the earliest opportunity, and I will give you the full one-third discount.

You will appreciate that there are many cases like yours before the courts, and the courts therefore have to be consistent in their approach to sentencing. Unless there is something exceptional, you cannot expect the guidelines to be departed from.

There is nothing exceptional in your case.

Accordingly, I shall take a starting point of 12½ years’ imprisonment, and, giving you the one-third discount, that results in a sentence of 8 years and 4 months, and that is the sentence I pass upon you.