HKSAR v. Yu Chun Pong

Case No.HCCC 68/2011
Court
High Court CFI
Date21 Apr 2011
Judge
Case Document
100%

HCCC68/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 68 OF 2011

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  HKSAR  
  v  
  Yu Chun-pong (庾振邦)

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Before:

The Honourable Mr Justice Line

Date:

21 April 2011 at 9.37 am

Present:

Mr Vincent Wong, Senior Public Prosecutor of the Department of Justice, for HKSAR
Mr Ho Chun-lui, Jeff, instructed by the Legal Aid Department, for the Accused

Offence:

(1) and (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: I have to sentence you on your plea of guilty for trafficking in dangerous drugs.

You have pleaded guilty to two counts, but it is one transaction. You were caught outside of your flat with some of the ketamine. Further ketamine was found inside. The total amount of ketamine involved comes to 975 grammes.

You frankly admitted to the police that you were repackaging the ketamine inside your premises and then passing it on.

It will have been explained to you that sentencing for drug trafficking in these courts is carried out pursuant to guidelines which are based upon the nature and weight of the drug.

Looking at the total amount of ketamine involved in this case, you fall in the bracket of 600 grammes to 1,000 grammes, attracting a starting point after trial of 12 to 14 years’ imprisonment.

I have read the letter that you have written to me, and I will accept that you are remorseful, and you will have a full one‑third discount for your pleas of guilty.

The starting point I shall take is one of 13½ years, which, after that discount, gives a sentence of 9 years’ imprisonment, and that is the sentence I impose on Count 2.

The lesser amount in Count 1 will attract a sentence of 5½ years’ imprisonment, but that will run concurrently.

I make clear that the 9 year sentence on Count 2 reflects the whole of the drugs.