HKSAR v. LAW BO YI

HCCC 272/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 272 OF 2013

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HKSAR
v
Law Bo-yi
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Before: Hon P Li J

Date: 19 March 2014 at 11.25 am

Present: Mr Martyn Richmond, on fiat, for HKSAR
Mr Leo Chan, instructed by Bernard Wong & Co, 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: The defendant pleaded guilty to one count of trafficking in 11.8 grammes of “Ice”.

At about 11 pm on 12 March 2013, a team of police officers observed the defendant standing at the entrance of the McDonald’s Restaurantnear Fuk Wa Street, Sham Shui Po. A police officer intercepted the defendant and searched him. One plastic bag of “Ice” was foundfrom his front left trousers pocket.

The defendant admitted, under caution, that Ah Keung gave him $500 for delivering the “Ice” there. The street value of the “Ice” wasabout $9,700.

The defendant is 24, single. He received education up to form 4. He had worked as an air-conditioning apprentice and kitchen helper.He earned about $9,000 per month.

He has three previous convictions of possession of a dangerous drug. He was last discharged from the Drug Addiction Treatment Centreon 21 February 2013. He committed the present offence because he was in need of money shortly after his discharge from the Drug AddictionTreatment Centre. He was induced by Ah Keung to earn some quick money.

For trafficking 11.8 grammes of “Ice”, according to Ching Kwok Hung ([1991] 2 HKLR 125), the starting point is 7 years and 1 month imprisonment. I deduct 2 years and 4 months for his plea. There is no reason to be lenient.

I sentence the defendant to 4 years and 9 months’ imprisonment.