HKSAR v. Fu Yung

Case No.HCCC 142/2011
Court
High Court CFI
Date22 Nov 2011
Judge
Case Document
100%

HCCC142/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 142 OF 2011

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  HKSAR  
  v.  
  Fu Yung  

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Offence: Deputy High Court Judge A Chan
Date: 22 November 2011 at 2.45 pm
Present: Mr John Hemmings, on fiat, for HKSAR
  Mr Chau Ka-chun, Philip, instructed by Messrs Tangs Solicitors, assigned by the Director of Legal Aid, 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: Mr Fu, can you stand up. You have been found guilty by a jury of trafficking in a dangerous drug.

On the day of your arrest, you were found to have possessed 13.42 grammes of a crystalline solid containing 11.42 grammes of methamphetamine.

The jury was satisfied that you possessed it for the purpose of trafficking.

Guidelines on sentencing are clear. Trafficking 10 to 70 grammes of “Ice”, the sentence is 7 to 10 years’ imprisonment.

Trafficking in 11.42 grammes of methamphetamine the sentence should therefore be one of at least 7 years’ imprisonment.

Given the concession made by the prosecution that some of the dangerous drug was for your own consumption, the concession is limited to no more than one-third and given the fact that that possession itself is also a criminal offence and attracts a sentence in your case, with six previous drug related offences, a minimum of 12 months, I am prepared to lower the starting point a little.

Having considered the most recent case from the Court of Appeal, (HKSAR v Chow Chun Sang CACC135/2011), I am of the view that a discount of 9 months representing an 11 per cent discount can be given.

You are therefore sentenced to 6 years and 3 months’ imprisonment.