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HCCC 215/2013
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 215 OF 2013
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HKSAR |
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Chiu Chi-wing (趙子榮) |
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| Before: |
The Honourable Mr Justice Line |
| Date: |
25 July 2013 at 9.41 am |
| Present: |
Ms Grace Chan, Senior Public Procecutor, of the Department of Justice, for HKSAR |
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Mr John Patrick Marry, instructed by Cheng & Wong, 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: I have to sentence you for trafficking in dangerous drugs. The drug was heroin and you had 43 grammes. You were delivering it for somebody else and the reward was going to be $500. That is what you told the police and I have no reason to doubt it.
You have been a drug addict yourself since 21. You just have to look at your own life to realise the mischief of trafficking in dangerous drugs.
It is difficult to extend you any great mercy. Firstly, because the guidelines are fairly strict and, secondly, because this is not the first time you have been convicted of trafficking. You were sentenced to 12 months in 2007 to that offence. Having said that, I acknowledge what your counsel says in realistic mitigation, that you were cooperative with the police and you pleaded guilty at the first available opportunity. I do not have to explain the operation of the guidelines to you, you will know them perfectly well.
Accordingly, what I shall do, is I shall take a starting point of 7 years. That would have been the sentence after trial. I could have made it more, without criticism, I believe, but I judge 7 years to be just in your case, with the one-third discount, that gives a sentence of 4 years and 8 months and I judge realistically that you could not have hoped for a lesser sentence. It is designed to be one with an element, albeit fairly modest, of mercy.
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