HKSAR v. Lau Tsz Kin

Case No.HCCC 482/2011
Court
High Court CFI
Date20 Feb 2012
Judge
Case Document
100%

HCCC482/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 482 OF 2011

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  HKSAR  
  v  
  Lau Tsz-kin  

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Before: DHCJ A Chan
Date: 20 February 2012 at 10.58 am
Present: Miss Lam Tak-wing, Winnie, Senior Public Prosecutor of the Department of Justice, for HKSAR
  Miss Leung Wai-man, Annie, 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: The defendant pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance. He is committed to this court for sentence.

The summary of facts reveals the following: On the day in question the defendant was intercepted by police officers outside his residence. A body search was conducted. Nine plastic bags containing 149.76 grammes of ketamine were found.

Under caution, the defendant stated that he, for reward, acted as a courier to deliver the drugs. The retail value was estimated to be approximately HK$26,000.

The defendant, prior to the commission of the present offence, enjoys a clear record. However, a clear record counts very little in a case as serious as the present one. Guidelines on sentencing are clear. Trafficking in 50 to 300 grammes of ketamine, the sentence is one of 6 to 9 years’ imprisonment. Trafficking in 150 grammes of ketamine, the sentence is one of 7 years’ imprisonment.

The only mitigation in this case is the defendant’s plea. As such he will be given the usual one-third discount.

In conclusion, the defendant is sentenced to 4 years and 8 months’ imprisonment.