HKSAR v. Chan Chun Ho

Case No.HCCC 288/2013

Court

High Court CFI

Date09 May 2014

Judge—

Case Document

100%

HCCC 288/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 288 OF 2013

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	HKSAR
	v
	CHAN Chun-ho
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Before:

DHCJ Tallentire

Date:

9 May 2014 at 10.00 am

Present:	Mr Phillip Ross, on fiat, for HKSAR
	Mr Peter Cahill, instructed by S H Chan & Co, assigned by DLA, for the accused

Offence:	(1) Trafficking in a dangerous drug (販運危險藥物)
	(2) Trafficking in dangerous drugs(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: Defendant, trafficking in dangerous drugs is always a serious matter and I think you understand that.

There is a lot of mitigation in this case; the major point of mitigation, of course, being your timely plea of guilty.

However, I do go on to accept and apply this to the sentence: that you were cooperative upon arrest. You are a young man, 20, I believe, at the time of the offence, 21 now; you are of hitherto clear record and; I also note that you have made positive efforts to change your lifestyle since being released on bail. The report that I have from the Hong Kong Christian Service is eloquent as to that point; and I also take into account that the cocaine was not for sale, though as Mr Cahill readily accepts, and rightly accepts, the sharing of that cocaine with friends is still trafficking.

I will also accept that part of that cocaine would have been for personal use. It is very difficult to say how much, so rather than giving a specific discount, I will take it into account in the overall mitigation.

I also as I indicated to Mr Cahill at an early stage I adopt the combined approach. I intend to be as lenient as I feel I can, given, the seriousness of trafficking in these extremely dangerous drugs.

(Discussion re further instructions re mother of defendant)

COURT: Defendant, additionally I also take into account that these offences were committed out of financial problems; that at the time you had involved yourself with a very dubious peer group. That group now I understand you have put aside and that is to be praised.

The following sentences will be imposed:

On the 1st Charge, I sentence you to 4 years’ imprisonment. That will be reduced to 32 months’ imprisonment for your plea of guilty.

On the 2nd I take a starting point of 6 years and 3 months. That will be reduced to 4 years and 2 months, that is, by my reckoning, I believe, 50 months.

These will be served concurrently.