HKSAR v. Wu Chi Ho, Kelvin

Case No.HCCC 360/2012
Court
High Court CFI
Date13 Dec 2012
Judge
Case Document
100%

HCCC360/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 360 OF 2012

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  HKSAR  
  v.  
  Wu Chi-ho, Kelvin  

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Before: Hon Andrew Chan J
Date: 13 December 2012 at 9.54 am
Present: Mr Bobby Cheung Man-kwan, SPP(Ag) of the Department of Justice, for HKSAR
  Mr J C Dunn, instructed by David Hui & 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: The defendant has pleaded guilty to three counts of trafficking in a dangerous drug contrary to section 4 of the Dangerous Drugs Ordinance.

On the material day the police found 73.94 grams of cocaine and some paraphernalia from his residence.

A further search conducted on his lorry the next day revealed another 18.21 grammes of cocaine and some resealable plastic bags. When he was taken back to a police station another 1.19 grammes of cocaine was found on his body.

The defendant is now 30 and has received up to Form 5 education. He has two previous convictions, all related to drugs.

Apart from his plea, there is little mitigation that can be put forward. I am furnished with mitigating letters from the defendant’s parents and from the chaplain and former employers. I understand the parents’ concern and out of their love they urge me to pass a lenient sentence. However, there are guidelines that I have to follow.

Guidelines on sentencing are clear. For the 1st count the appropriate starting point is 105 months’ imprisonment. Given his plea, the sentence is reduced to 70 months’ imprisonment. For the 2nd count, the appropriate starting point is 80 months. Given his plea, the sentence is reduced to 12 months. For the 3rd count, the appropriate starting point is 66 months’ imprisonment. Given his plea, the sentence is reduced to 44 months.

Given the total quantity of cocaine involved, i.e. 93 grammes, I order that 1 month of count 2 and count 3 is to run consecutively to the 70 months imposed on count 1.

Thus the defendant is sentenced to 72 months’ imprisonment, i.e. 6 years.