HKSAR v. KONG WAI LUN

HCCC 368/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 368 OF 2013

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HKSAR
v
KONG Wai-lun (江偉倫)

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Before: DHCJ Wright

Date: 5 May 2014 at 10.15 am

Present: Mr Andrew Raffell, on fiat, for HKSAR
Mr David Boyton, instructed by Littlewoods, 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 of A1 in the above Case

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COURT: You have been found guilty on your own plea of trafficking in 27.19 grammes of “ice” on 25 April last year.

You and another person were stopped and searched and on you were found the drugs as well as a set of electronic scales. When you werecautioned, you told the police that the dangerous drugs were “ice” and that you and another person had intended to sell themto third parties.

I am told today on your behalf that you were trafficking in drugs in order to support your own drug habit. I am also told that youwould have used some of the drugs, perhaps 3 grammes, for your own consumption.

You have pleaded guilty to the offence with a timely plea and you are consequently entitled to a one-third discount from the appropriatestarting point after trial.

The quantity of the drugs which you had places you in the band between 10 and 70 grammes, which prescribes a period of imprisonmentbetween 7 and 10 years.

The quantity you had suggests a starting point of 7 years 9 months. The discount reduces that to 5 years and 2 months.

The fact that you were trafficking in the drug to support your own habit does not assist you. Whilst in the normal course of eventsit may well have been appropriate to give you a further discount for the fact that some of these drugs may have been used by youfor self-consumption, I note that this offence was committed whilst you were on bail for two other offences; wounding and an offenceof possession of dangerous drugs. The fact that you committed this offence whilst on bail is an aggravating feature. That, in myjudgment, offsets any reduction you would have been entitled to for the possible self-consumption.

There is nothing in your personal circumstances as they appear in your antecedents statement which entitles you to any further reduction.

I am told you have approximately 2 months left to serve on three other sentences which you are presently serving. I can see no reasonwhy this sentence should not be ordered to be served consecutively to those sentences.

You are to serve 5 years and 2 months’ imprisonment, which sentence is to be served consecutively to the sentences presently beingserved by you.