HKSAR v. Yeung Ka Man

HCCC 538/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 538 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, I accept that from the outset you have admitted to your possession of these drugs. It is a very high quantity of drugs, 13.5 grammes of crystalline sold containing 12.97 grammes of methamphetaminehydrochloride, otherwise known as “Ice”.

The facts are well-known to all of us, and went to a trial. I see nothing to be gained from repeating them, save to say that given the verdict of the jury you collected these drugs from your supplier and you were making your way home when stopped by the police.

You are not deemed suitable for DATC for the best possible reason that you are no longer considered to be drug‑dependent.

In setting my sentence, I do take into account of course the quantity of drugs involved; I take into account the contents of the DATC report; I take into account what Mr Yeung said on your behalf; and I also take into account the letter that you’ve written to the court.

As I have said previously, of prime importance is the fact you were willing to admit the offence for which you were ultimately convicted from the outset.

Mr Yeung, on your behalf, very realistically faces up to the fact that there is only one possible sentence in this occasion, that is one of imprisonment, that given the amount of drugs involved there is a very real and potent latent risk, that is, that part of these drugs will find their way to others.

Taking all that I have said into account, I take as a starting point 18 months imprisonment. That sentence will be enhanced by six months given the latent risk involved in this case to two years. You have effectively pleaded guilty throughout to the offence of which you were convicted, therefore you are entitled to and will receive a full one‑third discount. You will, therefore, got to prison for 16 months.