HKSAR v. Ku Ho Ming and Another

Case No.HCCC 455/2014
Court
High Court CFI
Date16 Dec 2014
Judge
Case Document
100%

HCCC 455/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 455 OF 2014

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  HKSAR  
  v  
  KU Ho-ming (A1)  
  LEE Kim-sang (A2)  

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Before: The Honourable Mrs Justice V Bokhary
Date: 16 December 2014 at 10.07 am
Present: Mr Peter Power, SADPP of the Department of Justice, for HKSAR
  Mr Ching Wan-fung, instructed by Messrs Bobby Tse & Co (assigned by DLA), for the 1st and 2nd accused
Offence:  (1) Trafficking in a dangerous drug (販運危險藥物)
  (against A1 only)
  (2) Trafficking in a dangerous drug (販運危險藥物)
  (against A2 only)

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: Each defendant, I have taken into account everything that has been urged on your behalf of each of you.

Ku Ho-ming, you stand convicted on one charge of trafficking in a dangerous drug after having pleaded guilty in the Magistrates’ Court and having been committed to this court for sentence.

The quantity of drugs involved is 1.45 kilogrammes of a crystalline solid containing 1.41 kilogrammes of methamphetamine hydrochloride.

An international element was involved in this case and therefore calls for enhancement.

All things considered, I adopt a starting point of 20 years, enhance it by 2 years, making a total of 22 years.

Having taken into account everything urged on your behalf including your early plea of guilty, I am going to give you the full one-third discount, thereby reducing the sentence from the starting point to one of 14 years and 8 months.

You are therefore sentenced to 14 years and 8 months’ imprisonment.

Lee Kim-sang, you stand convicted on one count of trafficking in a dangerous drug, having pleaded guilty in the Magistrates’ Court and having been committed to this court for sentence.

The quantity of drugs involved is 1.54 kilogrammes of a crystalline solid containing 1.49 kilogrammes of methamphetamine hydrochloride.

An international element is involved in your case and therefore calls for enhancement.

Although the amount of drugs in your case is very slightly higher than the drugs involved in the case of the 1st accused, I am prepared to adopt the same starting point in your case since you do have a clear record in Hong Kong. I therefore adopt the same starting point of 20 years, enhance it by 2 years, making a total of 22 years as the starting point.

I have taken into account everything urged on your behalf including your early plea of guilty and I shall give you the full one-third discount, thereby reducing the sentence from the starting point to one of 14 years and 8 months’ imprisonment.

You are therefore sentenced to 14 years and 8 months’ imprisonment.