HKSAR v. YU CHUN WA

HCCC 291/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 291 OF 2013

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HKSAR
v
Yu Chun-wa

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Before: DHCJ Geiser

Date: 28 August 2013 at 9.58 am

Present: Ms Lilly Wong, Senior Public Prosecutor (Ag) of the Department of Justice, for HKSAR
Mr James Francis David Collins, instructed by Boase, Cohen & Collins, assigned 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: Defendant, you appear in this court for sentence, having pleaded guilty in the court below to an offence of trafficking indangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, Laws of Hong Kong, the particulars being that you, on 23 January of this year at Wai Chi Street, Sham Shui Po, unlawfullytrafficked in 1.19 kilograms of ketamine.

The Summary of Facts, which you have agreed, confirm quite simply you being intercepted outside Wai Chi Street Park and searched bythe police, who found six plastic bags containing the drugs in a paper bag being carried by yourself.

You told the police under caution that you were to deliver the drugs to someone.

The drugs themselves have a street value of nearly HK$175,000.

You are 22 years of age and already have two previous convictions for drug abuse, although this is your first conviction for drugtrafficking. You have an unfortunate background to your relatively short life, having involved yourself with both triads and drugs,and I say, not for the first time in this court, that it is tragic that one so young presses the “self-destruct” button.

In sentencing you, I take all that has been said on your behalf by your counsel into account, but it is your plea of guilty to thischarge that is the only real mitigation.

The sentencing guidelines for trafficking in ketamine can be found in Secretary for Justice v Hii Siew Cheng [2008] 3 HKC 323, and for trafficking in quantities of over 1 kilogram, the appropriate starting point is 14 years’ imprisonment upwards.

In this case, the court is dealing with 1.19 kilograms of narcotic. Accordingly, I take as my starting point a sentence of 15 years’imprisonment. I will discount that by one-third to take account of your plea of guilty, arriving at 10 years’ imprisonment.