HKSAR v. Chung Chi Kuen

HCCC321/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 321 OF 2011

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: The 54-year-old defendant was intercepted by a team of police when he attracted their attention in Yue Man Square in Kwun Tong on 2 May

2011. The defendant was searched and in his shoulder-bag was found and seized six packets containing 249.09 grammes of "Ice" - that is methamphetamine hydrochloride - 35.02 grammes of heroin hydrochloride and a number of tablets and fragments of tablets amounting to 0.06 of a gramme of methamphetamine. Together with this cocktail or combination of drugs was found an electronic scale.

The defendant was charged with trafficking in the seized drugs. He told police the drugs were for his own consumption but that he had purchased them in Shenzhen and brought them into Hong Kong.

He pleaded guilty before me to trafficking prior to the commencement of his trial on 4 July last.

Bearing in mind that the quantity of "Ice" was the major component of the cocktail of drugs seized and ignoring the insignificant quantity of methamphetamine found, I take a starting point of sentence of 13 years’ imprisonment.

The defendant will receive the full one-third discount for his plea. I have considered carefully other matters put before me in mitigation by Mr Mayne but, in the particular circumstances of this case, I do not believe those matters should carry any weight in mitigation before me today. They are presently insufficiently tangible and as a result, I do not take them into account.

Accordingly, the only mitigation I act upon is the defendant’s plea of guilty and he is sentenced to 8 years 8 months’ imprisonment.

Please refer to CACC337/2013 for the relevant appeal(s) to the Court of Appeal.