HKSAR v. Fu Chun Fai

Case No.HCCC 275/2012
Court
High Court CFI
Date08 Oct 2012
Judge
Case Document
100%

HCCC275/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 275 OF 2012

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  HKSAR  
  v  
  Fu Chun-fai  
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Before: The Honourable Mrs Justice V Bokhary
Date: 8 October 2012 at 9.55 am
Present: Mr Andrew Cheng, SPP of the Department of Justice, for HKSAR
Mr Leung Chiu-lam, Paul, instructed by Messrs To, Lam & Co (assigned by DLA), for the Accused
Offence:  (1) Possession of a dangerous drug (管有危險藥物))
(2) 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 accused, you stand convicted on your own plea of guilty of one charge of possession of dangerous drugs and one charge of trafficking in a dangerous drug. The drugs involved under the possession charge are 0.5 gramme of a crystalline solid containing 0.49 gramme of methamphetamine hydrochloride. The drugs involved under the trafficking charge are 44.36 grammes of a crystalline solid containing 43.29 grammes of methamphetamine hydrochloride.

Under Charge 1, I adopt a starting point of 6 months’ imprisonment and reduce it by one-third. For the drugs involved under Charge 2, I adopt a starting point of 8½ years’ imprisonment.

I have taken into account everything urged in mitigation on your behalf, including the two letters handed up by your counsel. But there is no real mitigation apart from your pleas of guilty.

All things considered, and I have already indicated I shall give you the full one-third discount, doing so, I sentence you to 4 months’ imprisonment under Charge 1 and 5 years and 8 months under Charge 2.

In all the circumstances and bearing in mind the principle of totality, I order that the two sentences are to run concurrently with each other.

You will therefore go to prison for a total of 5 years and 8 months.