HKSAR v. CHAU YUI MING

HCCC 339/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 339 OF 2015

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HKSAR
v
CHAU Yui-ming

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Before: DHCJ Lugar-Mawson

Date: 15 December 2015 at 4.20 pm

Present: Mr Edward Laskey, on fiat, for HKSAR
Mr Richard Donald, instructed by Cheung & Liu, assigned by DLA, for the accused

Offence: 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: Chau Yui Ming, I am not going to read a sermon because it will be lost on you. The dangers presented by ‘Ice’are well-known and they would have been well-known to you when you engaged in this filthy trade.

You choose, as was your right, to defend the case, but in doing so you robbed yourself of the most powerful mitigation of a plea ofguilty which would have permitted me to have reduced your sentence quite substantially.

Save for the fact that you have never before been convicted of trafficking in dangerous drugs, you have no mitigation whatsoever.You are a career petty crook with a contempt for authority.

Mr Donald will have told you that there are guidelines as to how I and all judges are to sentence people who engage in traffickingin ‘Ice’. Mr Donald will also have told you that judges are expected to follow those guidelines unless there are exceptionalreasons not to do so, and there are no exceptional reasons in your case.

I take into account the fact that you had a small quantity of ketamine in your possession along with the ‘Ice’. Following theguidelines I spoke of I am taking a starting point sentence of 12 years’ imprisonment.

I am prepared to accept that some of the ‘Ice’ was for self-consumption and am, therefore, reducing that sentence by 2 years toone of 10 years, and that is the period of imprisonment you will serve for this offence, 10 years.