HKSAR v. Chan Man Kit

Case No.HCCC 317/2011
Court
High Court CFI
Date18 Oct 2011
Judge
Case Document
100%

HCCC317/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 317 OF 2011

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  HKSAR  
  v.  
  Chan Man-kit  

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Before: Deputy High Court Judge Longley
Date: 18 October 2011 at 10.00 am
Present: Mr Edward J Brook, SPP, of the Department of Justice, for HKSAR
  Mr Kong Kok-lung, instructed by the Legal Aid Department, 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: Chan Man-kit, you have been committed to this court for sentence following your plea of guilty in the Magistrates' Court to trafficking in 960 grammes of a powder containing 790 grammes of ketamine.

Those drugs, which had a retail value of more than $107,000, were found in four bags in your bedroom when the police searched your home on 1 April this year. Along with the drugs were an electronic scale, a metal spoon and a large number of resealable plastic bags.

You told the police that you did not consume drugs yourself but that you had collected the drugs and the packaging paraphernalia from Tai Po Railway Station.

You said that you had been instructed to package the drugs into smaller packets which you would then sell or deliver to others. You told the police that you would be rewarded for doing so.

Mr Kong, your counsel, has told me that the person who persuaded you to traffic in these drugs was an old friend, Ah B, who had promised you a reward of $2,000.

You were aged 50 at the time of this offence and had already served a sentence of 12 years’ imprisonment which was imposed on you following your plea of guilty in 1999 for a similar offence of trafficking in dangerous drugs.

When you committed this offence you would have been fully aware that very serious consequences would follow if you were detected.

It is clear that the substantial sentence of imprisonment which was imposed upon you in 1999 did not deter you from re-offending.

As you will be aware the normal starting point for those who traffic in between 600 grammes and 1 kilogramme of ketamine is between 12 and 14 years’ imprisonment. In your case 790 grammes was involved.

Taking into account this substantial quantity of drugs and your previous history of trafficking in dangerous drugs, I am satisfied that the appropriate starting point in your case is 13½ years’ imprisonment.

I have listened to everything that Mr Kong has said on your behalf. However, the only circumstance that warrants any discount from that starting point is your plea of guilty, for which you are entitled to the usual discount of one-third.

I accordingly sentence you to 9 years’ imprisonment.

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