HKSAR v. Kwok Pan

Case No.HCCC 261/2011
Court
High Court CFI
Date16 Sep 2011
Judge
Case Document
100%

HCCC261/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 261 OF 2011

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  HKSAR  
  v  
  Kwok Pan  
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Before: The Honourable Mrs Justice V Bokhary
Date: 16 September 2011 at 10.16 am
Present: Mr Peter Power, SADPP of the Department of Justice, for HKSAR
Miss Barbara Wong, instructed by Messrs Michael Cheuk, Wong & Kee (assigned by DLA), 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: Kwok Pan, you stand convicted on your own pleas of guilty of two charges of trafficking in dangerous drugs.

The drugs involved in Charge 1 are 592.84 grammes of a powder containing 455.27 grammes of ketamine. The drugs involved in Charge 2 are 1 kilogramme of a powder containing 0.61 kilogramme of ketamine.

In my view, the appropriate starting points after trial would be in the region of 10½ years’ imprisonment for the drugs in Charge 1, and 12 years for the drugs in Charge 2.

I have considered everything urged in mitigation on your behalf, particularly your pleas of guilty, your co‑operation with the police, and the fact that there are special circumstances on the papers which justify a lenient view being taken of the facts. I think a discount reducing the sentence to one of 5 years and 3 months under Charge 1 and 6 years under Charge 2 to be appropriate.

In all the circumstances, and bearing in mind the principle of totality, I consider an overall sentence of 7 years to be appropriate.

To achieve that overall sentence, I sentence you to 5 years and 3 months’ imprisonment under Charge 1, and 6 years’ imprisonment under Charge 2, and I order that 1 year and 9 months out of the 6 years’ imprisonment under Charge 2 be served consecutively with the 5 years and 3 months’ imprisonment which I have passed on you under Charge 1.

You will therefore go to prison for a total of 7 years.