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HCCC215/2010
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 215 OF 2010
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HKSAR |
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Kwong On Tak |
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| Date: |
1 September 2010 at 9.47 am |
| Present: |
Mr P J Power, SADPP of the Department of Justice, for HKSAR
Mr Patrick Tam, instructed by S H Chan & Co, 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: The defendant, a 57-year-old man, pleaded guilty before Mr Mierczak at Eastern Magistracy to an offence of trafficking in 835.16 grammes of ketamine. He has been committed to this court pursuant to section 81B of the Magistrates Ordinance for sentence.
The facts of the case are that on 23 March of this year, police on an operation in Shatin noticed the defendant behaving suspiciously. An officer approached him and searched him. The charged drugs were found in separate bags strapped to his waist and legs.
The defendant admitted bringing the drugs into Hong Kong from Dongguan in the mainland through the Lo Wu Checkpoint. The defendant’s Immigration record confirmed he had entered Hong Kong from the mainland at 11 am that day.
The guidelines in Hii Siew Cheng [2009] 1 HLKRD 1 apply. Given the quantity of narcotic, I take a starting point of sentence of 13 years’ imprisonment. That is enhanced by 1 year to 14 years’ imprisonment to reflect the trans‑border aspect of the offence. The defendant gets full credit for his early plea of guilty.
The enhanced starting point of sentence is thereby reduced to a sentence of 9 years 4 months’ imprisonment.
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