HKSAR v. WAN LAN WAY

HCCC208/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 208 OF 2008

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HKSAR
v.
Wan Lan-way (A1)

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Before: Recorder L Lok, SC

Date: 3 April 2009 at 10.00 am

Present: Mr Vincent Wong, SPP, for HKSAR
Mr Patrick Loftus, instructed by Shea & Co., assigned by the Director of Legal Aid, for the 1st Accused

Offence: Trafficking in a dangerous drug
(販運危險藥物)

Transcript of the audio recording
of the Sentence in the above case

COURT: Defendant, you were convicted on your own plea of a charge of trafficking in dangerous drugs, namely, 21.49 grammes of a crystallinesolid containing 21.27 grammes of methamphetamine hydrochloride, commonly known as “Ice”.

The facts reveal that you were an actual trafficker. You sold drugs to an undercover police officer for $4,900. In the courseof the transaction, you produced a small electronic scale and weighed the drugs which you took out from your trousers pocket. Thereading of the scale showed that the drugs weighed 15 grammes.

However, on analysis by the Government Chemist, the drugs in question were found to be of a larger quantity than intended betweenthe parties. This is a factor I will bear in mind in the adoption of the starting point for sentence.

Furthermore, you have made admissions to the police under the video camera after your arrest. I think, to some extent, it showsthat you were remorseful for your conduct.

Your personal background perhaps is not very usual for convicted persons of this type. You are now aged 36. You were born inthe United Kingdom. You were educated up to Form 7 level in the UK. You previously worked as a cook, as I understand it, a surveyassistant, supermarket supervisor in both Park’N Shop and Pokka, and also a part-time tutor.

In the United Kingdom, you were divorced with no children. In Hong Kong, you had been, before your arrest, cohabiting with agirlfriend Loretta who has a young child whom, as I understand it this morning, you have been responsible for maintaining.

You have a number of convictions and they are mostly drug-related offences. The quantity of drugs in question is 21.27 grammesof “Ice”. I have consulted the leading sentencing case of Ching Kwok Hung [1991] 2 HKLR at page 125. For the reasons I earlier mentioned, because the actual quantity that was sold exceeded the quantitythat was contemplated by you and your supplier, I adopt a starting point of 7 years.

Given the fact that you have pleaded guilty, I have to give you the customary one-third discount and that shall bring the sentenceto 4 years and 8 months. There are however special circumstances, on the papers, which justify a lenient view to be taken of thefacts. I will further reduce the sentence by 1 year.

You will go to prison for 3 years and 8 months.