HKSAR v. Lam Yuk Yin, Carman

Case No.HCCC 459/2012
Court
High Court CFI
Date22 Aug 2013
Judge
Case Document
100%

HCCC 459/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 459 OF 2012

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  HKSAR  
  v  
  Lam Yuk-yin, Carman  
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Before: The Honourable Mrs Justice V Bokhary
Date: 22 August 2013 at 10.05 am
Present: Mr Shaun Kelly, counsel-on-fiat, instructed by the Department of Justice, for HKSAR
  Mr Oliver Davies, instructed by Messrs Wong & Co (assigned by DLA), for the accused
Offence: (1) Trafficking in a dangerous drug (販運危險藥物)
  (2) Possession of a dangerous drug (管有危險藥物)

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: The accused, you stand convicted on your own plea of guilty of one count of trafficking in a dangerous drug and one count of possession of a dangerous drug. The drugs involved under the trafficking count are 55.63 grammes of a solid containing 43.08 grammes of cocaine. The drugs involved under the possession count are 1.31 grammes of a crystalline solid, containing 1.28 grammes of methamphetamine hydrochloride.

Having regard to the quantity involved under Count 1, I adopt a starting point of 7½ years. Under Count 2, I adopt a starting point of 9 months.

I have taken into account everything urged in mitigation on your behalf - including your pleas of guilty and your family circumstances. All things considered, I shall give you the full one-third discount, thereby reducing the sentences to one of 5 years’ imprisonment under Count 1 and 6 months’ imprisonment under Count 2.

In all the circumstances and bearing in mind the principle of totality, I accede to your counsel’s submission and order the two sentences to run concurrently to each other.

You will therefore go to prison for a total of 5 years.