HKSAR v. Wai Yau Shun and Another

Case No.HCCC 328/2011
Court
High Court CFI
Date20 Oct 2011
Judge
Case Document
100%

HCCC328/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 328 OF 2011

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  HKSAR  
  v  
  Wai Yau-shun (韋有信) (A1)  
  Chun Ting-kwan (秦庭鈞) (A2)  

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Before: The Honourable Mrs Justice V Bokhary
Date: 20 October 2011 at 10.28 am
Present: Mr Vincent Wong, SPP of the Department of Justice, for HKSAR
  Ms Audrey Campbell-Moffat, instructed by Messrs Yung, Yu, Yuen & Co. (assigned by DLA), for the 1st and 2nd Accused
Offence: (1) Trafficking in dangerous drugs (販運危險藥物)
  (2) & (3) 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: 1st Accused, you stand convicted on your own plea of guilty of two charges of trafficking in dangerous drugs. The drugs involved in Charge 1 are 210.88 grammes of a powder containing 170.25 grammes of ketamine and 0.13 gramme of methamphetamine. The drugs involved under Charge 3 are 120 grammes of a powder containing 90 grammes of ketamine.

In my view, the appropriate starting point after trial would be in the region of 7½ years’ imprisonment for the drugs under Charge 1 and 6 years and 3 months’ imprisonment under Charge 3.

I have considered everything urged in mitigation on your behalf, particularly your pleas of guilty. I think that a discount, reducing the sentence to one of 5 years’ imprisonment under Charge 1 and 4 years and 2 months’ imprisonment under Charge 3 would be appropriate.

In all the circumstances and bearing in mind the principle of totality, I consider an overall sentence of 5 years and 10 months to be appropriate. To achieve that overall sentence, I sentence you to 5 years’ imprisonment under Charge 1 and 4 years and 2 months’ imprisonment under Charge 3 and I order that 10 months out of the 4 years and 2 months under Charge 3 be served consecutively with the 5 years’ imprisonment under Charge 1.

You will therefore go to prison for a total of 5 years and 10 months.

2.d Accused, you stand convicted of one charge of trafficking in dangerous drugs, that is under Charge 2.  The drugs involved under Charge 2 are 100 grammes of a powder containing 80 grammes of ketamine. 

In my view, the appropriate starting point after trial would be in the region of 6 years’ imprisonment.

I have considered everything urged in mitigation on your behalf, particularly your plea of guilty for which I shall give you the full one-third discount, reducing the starting point of 6 years’ imprisonment to one of 4 years’ imprisonment.

You are therefore sentenced to 4 years’ imprisonment.