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HCCC137/2011
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 137 OF 2011
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HKSAR |
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v. |
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Lo Tung-shing (羅東成) |
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Before:
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The Honourable Mr Justice Line
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Date:
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9 June 2011 at 9.45 am
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Present:
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Ms Grace Chan, Senior Public Prosecutor, of the Department of Justice, for HKSAR
Mr John Christie Dunn, instructed by Jal N Karbhari & Co., assigned by the Director of Legal Aid, for the Accused
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Offence:
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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 do not really have to explain very much to you because this is the third time you have stood in a High Court dock to be sentenced for trafficking in dangerous drugs. You know all about the guidelines. So you know that for the ice you carried sets you off, after trial, with a starting point of 7 to 10 years, because you are, with your 11 grammes, in the 10 to 70 gramme bracket.
You told the police that it was for your own consumption and for distribution to some friends because you had had a lucky win on the horses and you were not going to charge them for it. It was not commercial trafficking. Whilst I have got some doubts about that I will give it weight because you have not spent your credibility fighting a trial, trying to avoid your responsibility, which you admitted immediately you were stopped and you pleaded guilty at the earliest opportunity. But you cannot expect to be treated like a man who is in the dock here in the High Court for the first time for trafficking. It is an aggravation; this is your third time.
It seems to me those two matters I have mentioned balance each other out, so accordingly, what I shall do is take a figure at the bottom end of the bracket, you are only just above the 10 grammes, so I shall take a starting point of 7 years. I will give you a third discount for your plea. The sentence is 4 years and 8 months.
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