HKSAR V Fung Chi Ming

Case No.HCCC 54/2013
Court
High Court CFI
Date09 Apr 2013
Judge
Case Document
100%

HCCC 54/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 54 OF 2013

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  HKSAR  
  v  
  Fung Chi-ming  
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Before: The Honourable Mrs Justice V Bokhary
Date: 9 April 2013 at 10.22 am
Present: Ms Lilly Wong, SPP(Ag), of the Department of Justice, for HKSAR
  Mr Lo Chi-lam Caesar, instructed by the Legal Aid Department, for the accused
Offence: (1) and (2) 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: Accused, you stand convicted on your own pleas of guilty of two charges of trafficking in dangerous drugs. I have taken into account everything urged on your behalf.

The drugs involved under Charge 1 are 2,115.69 grammes of a powder containing 1,688.30 grammes of ketamine, 3.88 grammes of a solid containing 3.19 grammes of cocaine and 21 tablets containing 0.01 gramme of nimetazepam.

As to the appropriate approach to sentencing on a count of trafficking different types of drugs, I follow the approach indicated by the Court of Appeal in the case of Wong Kin-kau decided on 4 May 2010. In following that approach I adopt a starting point of 16 years’ imprisonment.

The drugs involved under Charge 2 are 136.09 grammes of a powder containing 114.33 grammes of ketamine. Under this charge I adopt a starting point of 6½ years’ imprisonment.

Having considered everything urged on your behalf and having read the letters written by yourself, your three daughters and your present wife, and particularly your pleas of guilty and your effort to assist the police, I shall give you a discount slightly more than one-third thereby reducing the sentence to one of 10½ years under Charge 1 and 4 years and 3 months under Charge 2.

In all the circumstances, and bearing in mind the principle of totality, I consider an overall sentence of 11 years to be appropriate.

To achieve that overall sentence I sentence you to 10½ years’ imprisonment under Charge 1, 4 years and 3 months’ imprisonment under Charge 2, and I order that 6 months out of the 4 years and 3 months under Charge 2 be served consecutively with the 10½ years under Charge 1.

You will therefore go to prison for a total of 11 years.