HKSAR v. Chiu Yi Kong

Case No.HCCC 26/2012
Court
High Court CFI
Date28 Sep 2012
Judge
Case Document
100%

HCCC26/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 26 OF 2012

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  HKSAR  
  v  
  Chiu Yi-kong  
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Before: Hon Andrew Chan J
Date: 28 September 2012 at 10.13 am
Present: Mr Andrew Cheng, PP, of the Department of Justice, for HKSAR
Mr Wong Yun-wah, Gordon, instructed by Messrs C L Chow & Macksion Chan, assigned by DLA, for the Accused
Offence:  (1) 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, Chiu Yi-kong, pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance.

On the material day, the defendant, with two other persons, were intercepted by police officers. 0.54 of a kilogram of ketamine was found from a bag that the defendant was carrying at the time. The street value of the drug was estimated to be HK$82,490.

Under caution, the defendant admitted that he had been promised $500 to deliver the drug. The defendant was only 15 at the time.

Background report indicates that he had only received education up to form 2 standard. After dropping out from school, the defendant essentially remained idle; except, on occasions, rendering some assistance to his father. Soon he associated himself with dubious peers.

Although the defendant was young, he could hardly be described to be within the extreme youth category. His reason for committing the present offence was purely economical.

Guidelines on sentencing are clear. The starting point for trafficking 0.54 of a kilogram of ketamine is one of 11½ years’ imprisonment.

It is no secret that this defendant has given assistance to the police and the prosecution regarding the other two’s involvement. His assistance leads subsequently to the other two’s guilty pleas in this case.

Having considered all the circumstances and the authorities cited by counsel, I am of the view that Mr Chiu should be given a total of 40 per cent discount to reflect his remorse and co-operation with the authority.

In conclusion, the defendant, Chiu Yi-kong, is sentenced to 6 years and 10 months’ imprisonment.