HKSAR v. Chung Kai Yin

Case No.HCCC 405/2012
Court
High Court CFI
Date18 Feb 2013
Judge
Case Document
100%

HCCC 405/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 405 OF 2012

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  HKSAR  
  v  
  Chung Kai-yin  
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Before: DHCJ Geiser
Date: 18 February 2013 at 10.50 am
Present: Ms Winnie Mok, PP of the Department of Justice, for HKSAR
  Mr Jasper Kwan, instructed by Yaddy Cheung & Co, 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: Defendant, you have pleaded guilty to a single count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous

Drugs Ordinance, Cap.134, Laws of Hong Kong, the particulars being that you, on 6 April of last year, at Flat C1, 3rd Floor, Kwai Ho Building, No. 85 Wo Tong Tsui Street, unlawfully trafficked in 91.80 grammes of a solid containing 69.94 grammes of cocaine and 0.03 grammes of a powder containing cocaine.

The Summary of Facts are simple and establish that on the date and at the place mentioned in the charge you were intercepted and searched by a party of police, who found from your right front trousers pocket 26 small packets of cocaine.

You told the police under caution that you were about to make a delivery and that there were still some more drugs inside your premises. You were then taken back inside your flat where a further 15 packets of cocaine were found.

The total quantity of cocaine seized in this case was 69.94 grammes, which is worth some HK$107,000.

In the course of a video recorded interview you told the police that you were recruited by others to separate and pack the cocaine into small packets containing 0.3 grammes each, for which you were to receive a reward of $300.

You were waiting to make delivery of the 26 packets found on you when you were intercepted by the police.

You are 25 years of age and have a number of previous convictions, two of which are for drug-related offences.

Very little has been put before me by way of mitigation, save that you have pleaded guilty to this charge and thereby saved the court’s time. I will take this into account in sentencing you.

The normal sentencing guidelines for trafficking in 50 to 200 grammes of cocaine indicate a starting point of 8 to 12 years’ imprisonment. This court is dealing with slightly over 69 grammes of narcotic. Accordingly, I adopt a starting point of 9 years’ imprisonment. I will discount that by one-third to take account of your plea of guilty, coming to a sentence of 6 years’ imprisonment.