HKSAR v. SO PO MAN

HCCC331/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 331 OF 2012

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HKSAR
v.
So Po-man (蘇保文)
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Before: Hon Line J

Date: 13 December 2012 at 9.41 am

Present: Mr W T Chiu, Senior Public Prosecutor, of the Department of Justice, for HKSAR
Mr Alan Ng Man-sang, instructed by the Director of Legal Aid, 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: I have to sentence you for trafficking in dangerous drugs. You were stopped at a game centre in Tai Po and when you were searched13 plastic bags of dangerous drugs and also equipment such as an electronic scale, tape, plastic bags, 58 of them, empty resealableones, were found upon your person.

You have been told that sentencing in such cases as yours depends on guidelines and the guidelines are based upon the nature and weightof the drug. In your case the drug was methamphetamine hydrochloride, known as “Ice”, and you had 11 grammes of it. You thusfall into the category that runs from 10 to 70 grammes, attracting a starting point after trial of 7 to 10 years in prison. You areat the bottom of the bracket.

You earn a one-third discount by reason of your plea of guilty and that makes allowance of the fact that you have no previous convictionsfor drug trafficking. You do have convictions for other crimes but they do not contribute to the length of your sentence today.

Accordingly, having taken a 7-year starting point and applying the one-third discount for your plea of guilty, the sentence is oneof 4 years and 8 months’ imprisonment.