HKSAR v. Chow Wing Wai

Read the full judgment text of HCCC 242/2012 on BabelCite. This High Court CFI judgment was delivered on 18 March 2013.

Cited by 1 case

Please refer to CACC107/2013 for the relevant appeal(s) to the Court of Appeal.
Case No.HCCC 242/2012
Court
High Court CFI
Date18 Mar 2013
Judge
Case Document
100%Judiciary

HCCC 242/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 242 OF 2012

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  HKSAR  
  v  
  Chow Wing-wai  

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Before: Hon M Poon J
Date: 18 March 2013 at 3.41 pm
Present: Mr Richard Donald, on fiat, for HKSAR
  Mr Thomas Iu, instructed by Tangs Solicitors, assigned by the Director of Legal Aid, for the accused
Offence: (1) Possession of a dangerous drug (管有危險藥物)
  (2) 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: You are convicted after trial of one count of possession of a dangerous drug. The drug involved in that charge is cocaine with a narcotic content of 2.7 grammes.

The 2nd charge that you are convicted of is a trafficking charge. The drug involved is “Ice” with a narcotic content of 108.81 grammes, as well as 6.17 grammes of ketamine.

According to your criminal record you have three previous records. The third one is concerned with trafficking in a dangerous drug for which you received a total of 6 years and 8 months’ imprisonment from August 2002. I am told that you were last released from prison about 8 years ago.

You are now aged 59. Your counsel said that there is not much that he can say for you in mitigation. I have learned about your background from the antecedent statement.

I have taken into account the facts of the present case and the existing tariff of the various types of drugs concerned. In relation to the 2nd charge of trafficking the amount of “Ice” falls within the category of 70 to 300 grammes, that is, 10 to 14 years’ imprisonment, whilst the 6.17 grammes of ketamine falls within the 2 to 4 years’ bracket. But I am not taking a mathematical approach by adding the two together.

I consider the following sentence appropriate after trial. For Charge 1 you go to prison for 18 months. For Charge 2 you go to prison for 12 years. Those are to run concurrently.

Please refer to CACC107/2013 for the relevant appeal(s) to the Court of Appeal.

Cited by 1 case

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