HKSAR v. Yu Siu Kei

Read the full judgment text of HCCC 144/2014 on BabelCite. This High Court CFI judgment was delivered on 9 July 2014.

Cited by 1 case

Case No.HCCC 144/2014
Court
High Court CFI
Date09 Jul 2014
Judge
Case Document
100%Judiciary

HCCC 144/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 144 OF 2014

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  HKSAR  
  v  
  YU Siu-kei  
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Before: DHCJ Tallentire
Date: 9 July 2014 at 9.44 am
Present: Mr Duncan Percy, on fiat, for HKSAR
  Mr Christopher Wong Tat-ming, instructed by Rowland Chow, Chan & Co, 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: Defendant, you have pleaded guilty to a single offence of trafficking in dangerous drugs, namely 207.55 grammes of powder containing 150.91 grammes of ketamine. This places it within the tariff of 6 to 9 years’ imprisonment, being within the range of 50 to 300 grammes. The estimated street value of the dangerous drugs is about $25,736.

The brief facts are that at about 1725 hours on 23 October last year, police stopped a car at the Sha Ling Checkpoint, Man Kam To Road, Ta Kwu Ling, New Territories. That car was driven by your mother, with you sitting in the front passenger seat. Police Constable 432 approached the vehicle and knocked on the driver’s side window. The car suddenly moved forward, but he shouted for it to stop and snatched the ignition key.

PC 58745 asked you to alight. You did so, but you then opened the nearside rear passenger door and took out a brown envelope from the car seat. You then pushed away two other officers and began to flee, dropping the envelope on the ground. Police officers attempted to subdue you, but you struggled and fled, injuring the two officers. PC 58745 inspected the envelope and found 25 plastic bags, the suspected ketamine.

On 4 December last year you surrendered to Ta Kwu Ling Police Station and then you remained silent. You have admitted to 10 previous convictions on eight occasions, none of which involved dangerous drugs.

I understand that you accept the contents of the antecedents statement; that shows you to be 21 years of age, educated to form 1 and unemployed at the time of the offence. However, Mr Wong suggested that that was not quite correct, that you were working in a garage earning some $10,000. You were residing with your family and you claimed not to be drug dependent, though I do notice from your record that you have spent a period in DATC.

The main point of mitigation here is, of course, your plea of guilty to the offence, though this was not the first available opportunity. However, in due course, you will receive the full one-third discount to which you are entitled.

I also take into account that whilst you have an undistinguished criminal record, this is the first time you have actually been involved in drugs; I note also that you voluntarily surrendered to police; that the offence was caused or the motive for the offence was to try and assist your mother with her financial problems.

I am also informed that because of this offence, you were recalled to training centre and, whilst it is your own fault that you served an extra 6 months because of the commission of this offence, I will take that into account.

Taking all these matters that I have mentioned into account, I take as a starting point 7 years’ imprisonment. As I said, you are entitled to a one-third discount, therefore you will serve 4 years and 8 months, that is 56 months.

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