HKSAR v. Au Yeung Chi Fai

Case No.HCCC 440/2013
Court
High Court CFI
Date29 Jan 2014
Judge
Case Document
100%

HCCC 440/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 440 OF 2013

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  HKSAR  
  v  
  AU YEUNG Chi-fai  
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Before: The Honourable Mrs Justice V Bokhary
Date: 29 January 2014 at 9.49 am
Present: Mr Bobby Cheung, SPP of the Department of Justice, for HKSAR
  Mr Bernard Yuen, instructed by Messrs CMK Lawyers (assigned by DLA), 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 accused, I have taken into account everything urged on your behalf. You stand convicted on your own pleas of guilty of two charges of trafficking in dangerous drugs.

The drugs involve in Count 1 are 12.77 grammes of a powder containing 10.30 grammes of ketamine. The drugs involved in Count 2 are 0.19 kilogramme of a powder containing 0.15 kilogramme of ketamine.

In my view, the appropriate starting point would be in the region of 4 years’ imprisonment for the drugs under Count 1, and 7 years and 3 months’ imprisonment under Count 2.

Having taken into account everything urged on your behalf, particularly your pleas of guilty and your cooperation with the police, I think that a discount reducing the sentence to one of 2 years and 8 months under Count 1, and 4 years and 10 months under Count 2, to be appropriate.

In all the circumstances, and bearing in mind the total amount of drugs involved and the principle of totality, I consider an overall sentence of 5 years to be appropriate.

To achieve that overall sentence, I sentence you to 2 years and 8 months under Count 1, and 4 years and 10 months under Count 2, and I order that 2 years and 4 months under Count 2 to be served consecutively with the sentence of 2 years and 8 months under Count 1.

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