HKSAR v. Chu Hoi Yan Amy

HCCC 240/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 240 OF 2013

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: Defendant, stand up, please.

Defendant, you have heard the verdict of the jury, that verdict is one of guilty to the offence that you are charged with of trafficking in dangerous drugs.

The amount in this case is 27.92 grammes of methamphetamine hydrochloride, that is “Ice”, and 0.37 grammes of heroin hydrochloride.

I note that you have a poor record, but that this is your first offence of trafficking. I also note that you are a long-time drug addict, addicted to “Ice”. The one positive that I take from this case is that you have a family who appear to stand by you.

Of that, you should be very appreciative. As you have heard, the range of sentence for trafficking in this quantity of narcotic is 7 to 10 years.

As I have said, as you are a long term addict, I fully accept that part of those drugs would have been for self‑consumption. However, I cannot and do not know how much of those drugs would have been self-consumed and how much were intended for trafficking.

Therefore, in this case, I take as a starting point seven years and nine months’ imprisonment. I allow you a discount on the basis that I have spoken of, that is that part would have been for self consumption. That discount would have been of one year. You will, therefore, go to prison for a period of six years and nine months.

Please refer to CACC119/2014 for the relevant appeal(s) to the Court of Appeal.