HKSAR v. CHAN CHUN MAN

HCCC358/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 358 OF 2010

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HKSAR
v
Chan Chun Man
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Before: Hon Wright J

Date: 24 November 2010 at 9.40 am

Present: Mr W T Chiu, SPP of the Department of Justice, for HKSAR
Mr Yeung Shak-nung, instructed by Messrs Cheung, Chan & Chung, 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: On 19 May this year, some police officers were on duty in Kowloon City when they saw you behaving in a manner which arousedtheir suspicions.

They stopped you, searched you, and you were found in possession of what was subsequently analysed as substances containing 72.45grammes of cocaine.

When you were arrested and cautioned, you said to the police officer concerned that you owed debts of $300,000 and you were helpingsomeone else to deliver “coke”, which you did not consume yourself.

I have been told today of your gambling history and the effect it has had on your life in general. That is not mitigation, but itis at least an explanation as to why you have resorted to trafficking in dangerous drugs.

You were an adult, and you knew full well what you were doing, and you did it voluntarily.

There are guidelines laid down by the Court of Appeal for trafficking in various drugs, including cocaine. The guidelines for cocaineindicate that for between 50 and 200 grammes, the appropriate period of imprisonment is between 8 and 12 years.

You were trafficking in 72.45 grammes. That, in my judgment, attracts a starting point of 8½ years. You are entitled to a one-thirdreduction from that figure for your timeous plea. There is nothing further in the circumstances of the commission of the offenceor in your criminal record or in your personal circumstances which either aggravates the offence or entitles you to further mitigation.

Consequently, you are to serve 5 years and 8 months in prison.