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HCCC 407/2012
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 407 OF 2012
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| Before: |
The Honourable Madam Justice E Toh |
| Date: |
25 July 2013 at 3.40 pm |
| Present: |
Mr Edward Laskey, on fiat, for HKSAR |
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Mr David Boyton, instructed by T K Tsui & Co, 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 been convicted unanimously of one count of trafficking in a dangerous drug, namely 1.21 kilogrammes of a crystalline solid containing 1.14 kilogrammes of methamphetamine hydrochloride.
The defendant is a man of 39 years old and has previous convictions, on six previous occasions, although none similar.
Drug trafficking is a serious offence and, as Mr Boyton pointed out, there are sentencing guidelines laid down in the case of Ching Kwok Hung, but for the amount that the defendant was trafficking in this case, it has gone beyond the sentencing guidelines laid down in Ching Kwok Hung. Taking into account all the circumstances of this case and how the drugs were wrapped around the body of the defendant, I consider that an appropriate sentence in this case would be 21 to 22 years.
As this is the first time that the defendant will be going into prison for drug trafficking offences, I will take 21 years and I will add 1 year for the importation of the drugs into Hong Kong. It makes no difference that the drugs were ultimately destined for Australia.
So the defendant will go to prison for 22 years.
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