HKSAR v. Au Yeung Fu

Case No.HCCC 134/2012
Court
High Court CFI
Date04 Jan 2013
Judge
Case Document
100%

HCCC 134/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 134 OF 2012

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  HKSAR  
  v  
  Au Yeung Fu  

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Before: The Honourable Mrs Justice V Bokhary
Date: 4 January 2013 at 9.57 am
Present: Mr Duncan Percy, counsel-on-fiat, instructed by the Department of Justice, for HKSAR
  Mr Chau Hing-pang, instructed by Messrs Foo & Li (assigned by DLA), for the accused
Offence: (1)  Manufacture of a dangerous drug (製造危險藥物)
  (2) Trafficking in a dangerous drug(販運危險藥物)
  (3) 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: The accused, I have taken into account everything urged on your behalf. The only real mitigation available to you is constituted by your pleas of guilty.

Dealing first with the 2nd count, which is of trafficking, I adopt a starting point of 11 years for this count.

For the 3rd count, also of trafficking, I adopt a starting point of 17½ years.

I come now to the 1st count which is of manufacturing, an offence which attracts a sentence higher than the tariff sentence for trafficking.

The drugs the subject matter of the 2nd count are 226.02 grammes of a solid containing 172.69 grammes of cocaine. The drugs the subject matter of the 3rd count are 684.44 grammes of a solid containing 517.01 grammes of cocaine and 0.29 gramme of a powder containing 0.22 gramme of cocaine hydrochloride.

For an offence of trafficking in the drugs, under the 2nd and 3rd counts combined, I would adopt a starting point of 20 years. As I have said, manufacturing attracts a sentence higher than the tariff sentence for trafficking.

In all the circumstances I think that justice will be best served by sentencing you as follows. I adopt a starting point of 22 years for the 1st count, that is, the manufacturing count.

On each count there will be a one-third discount for your guilty plea. That means a sentence of 14 years and 8 months for the 1st count, 7 years and 4 months for the 2nd count, and 11 years and 8 months for the 3rd count. Taking all things including totality into account, I order that all three sentences are to be served concurrently.

I therefore sentence you to 14 years and 8 months’ imprisonment under the 1st count, 7 years and 4 months’ imprisonment under the 2nd count and 11 years and 8 months’ imprisonment under the 3rd count. These three sentences being concurrent, you will go to prison for 14 years and 8 months.