HKSAR v. Wong Fu Lun, Felix

Case No.HCCC 381/2011
Court
High Court CFI
Date13 Dec 2011
Judge
Case Document
100%

HCCC381/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 381 OF 2011

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  HKSAR  
  v.  
  Wong Fu-lun, Felix  

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Before: The Honourable Mrs Justice V Bokhary
Date: 13 December 2011 at 10.02 am
Present: Mr W T Chiu, SPP, of the Department of Justice, for HKSAR
  Ms Audrey Campbell-Moffat, instructed by Messrs Alvin Cheng & Rosaline Choy (assigned by DLA), for the Accused
Offence: (1) Trafficking in a dangerous drug (販運危險藥物)
  (2) Trafficking in dangerous drugs (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: You stand convicted on your own pleas of guilty of two charges of trafficking in a dangerous drug.

Your counsel has urged me to call for a Training Centre report. I do not consider that to be appropriate. However, I shall deal with you as leniently as I can.

The drugs involved in Charge 1 are 29.34 grammes of a powder containing 22.08 grammes of ketamine. The drugs involved in Charge 2 are 236.14 grammes of a powder containing 178.62 grammes of ketamine and 16.63 grammes of a solid containing 12.17 grammes of cocaine.

For the drugs involved in Charge 1, I consider the appropriate starting point to be in the region of 4½ years’ imprisonment. For the drugs involved in Charge 2, I follow the approach indicated by the Court of Appeal in the case of Wong Kin Kau which was decided on 4 May last year. By adopting that approach, I consider the appropriate starting point under Charge 2 to be in the region of 8 years’ imprisonment.

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 3 years under Charge 1 and 5 years and 4 months under Charge 2 to be appropriate.

In all the circumstances and bearing in mind the principle of totality and being as lenient as I can, I consider an overall sentence of 5½ years to be appropriate. To achieve that overall, I sentence you to 3 years’ imprisonment under Charge 1 and 5 years and 4 months’ imprisonment under Charge 2, and I order that 2½ years out of the 5 years and 4 months under Charge 2 be served consecutively with the 3 years under Charge 1.

You will therefore go to prison for a total of 5½ years’ imprisonment.