HKSAR v. AKHMETZYANOVA IRINA

HCCC21/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 21 OF 2011

—————–

HKSAR
v.
Akhmetzyanova Irina

—————–

Before:

The Honourable Mrs Justice V Bokhary

Date:

3 May 2011 at 4.22 pm

Present:

Mr Robert Andrews, counsel-on-fiat, instructed by the Department of Justice, for HKSAR
Mr Martyn Richmond, instructed by Messrs James Ho & Co. (assigned by DLA), for the Accused

Offence:

(1) Trafficking in dangerous drugs (販運危險藥物)

———————————

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

———————————

COURT: You have been convicted by the jury’s verdict of the 1st count of trafficking in dangerous drugs. The drugs involved are9.21 grammes of a crystalline solid containing 9.08 grammes of methamphetamine hydrochloride and 93.88 grammes of a solid containing80.81 grammes of ketamine.

As to the appropriate approach to sentencing on a count of trafficking in ice and ketamine, I will follow the approach indicated bythe Court of Appeal in the case of Wong Kin Kau decided on 4 May last year. In following that approach, I have done so in the context of everything urged on your behalf.

In my view, when one looks at the tariffs, one sees that 80.81 grammes of ketamine carries roughly the same sentence as 9-odd grammesof ice. That can be used as an indication that 80.81 grammes of ketamine is as serious as 9-odd grammes of ice. On that basis,you should be sentenced as if you had in your possession 18-odd grammes of ice or 161‑odd grammes of ketamine. In the case of161-odd grammes of ketamine or 18-odd grammes of ice, according to the guidelines, the sentence would have been about 7 years.

So all things considered, I sentence you to 7 years’ imprisonment.

Please refer to CACC194/2011 for the relevant appeal(s) to the Court of Appeal.