HKSAR v. Kong Chi Chuen and Another

Case No.HCCC 184/2011
Court
High Court CFI
Date29 Jul 2011
Judge
Case Document
100%

HCCC184/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 184 OF 2011

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

  HKSAR  
  v  
  KONG Chi-chuen (A1)  
  CHON Ka-lai (A2)  
-------------------
Before: The Honourable Mrs Justice V Bokhary
Date: 29 July 2011 at 9.54 am
Present: Mr Vincent Wong, SPP of the Department of Justice, for HKSAR
Mr Hung Kin-man, Samson, instructed by the Legal Aid Department, for the 1st and 2nd Accused
Offence:  (1) Trafficking in a dangerous drug (販運危險藥物) (A1 and A2)
(2) Trafficking in a dangerous drug (販運危險藥物) (A2)

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

Transcript of the Audio Recording
of the Sentence in the above Case

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

COURT: Kong Chi-chuen, you stand convicted of one charge of trafficking in a dangerous drug. You have pleaded guilty at the Magistrates’ Court and have been committed to the High Court for sentence.

The quantity of drugs involved is 0.24 kilogramme of a powder containing 0.20 kilogramme of ketamine.

For that quantity of drugs, I adopt a starting point of 7½ years’ imprisonment.

I have taken into account everything urged in mitigation on your behalf including your plea of guilty, and I shall give you the full one-third discount.

You are therefore sentenced to 5 years’ imprisonment.

Chon Ka-lai, you stand convicted on your own pleas of guilty of two charges of trafficking in a dangerous drug.

The quantity of drugs involved in the 1st charge is 0.24 kilogramme of a powder containing 0.20 kilogramme of ketamine.

For that quantity of drugs, I adopt a starting point of 7½ years’ imprisonment.

The quantity of drugs in the 2nd charge involved is 0.99 kilogramme of a powder containing 0.76 kilogramme of ketamine.

For that quantity of drugs, I adopt a starting point of 12½ years’ imprisonment.

I have considered everything urged in mitigation on your behalf including your pleas of guilty. I consider a discount reducing the sentence to one of 5 years’ imprisonment under the 1st charge and 8 years and 4 months under the 2nd charge to be appropriate.

In all the circumstances and bearing in mind the principle of totality, I consider an overall sentence of 9 years to be appropriate.

To achieve that overall, I sentence you to 5 years under the 1st charge and 8 years and 4 months under the 2nd charge, and I order that 4 years out of the 8 years and 4 months under the 2nd charge to be served consecutively with the 5 years’ imprisonment which I have passed on you under the 1st charge.

You will therefore go to prison for a total of 9 years’ imprisonment.