A HCCC102/2010 A
IN THE HIGH COURT OF THE
B HONG KONG SPECIAL ADMINISTRATIVE REGION B
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 102 OF 2010
C C
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HKSAR
D D
v
E WU CHAI CHIU E
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F F
Before: Hon McMahon J
Date: 20 May 2010 at 9.57 am
G Present: Mr P J Power, SADPP of the Department of Justice, for G
HKSAR
Mr David Rex Boyton, instructed by Messrs Tangs
H Solicitors, assigned by the Director of Legal Aid, for H
the Accused
I
Offence: (1) and (2) Trafficking in a dangerous drug I
(販運危險藥物)
J --------------------------------- J
Transcript of the Audio Recording
of the Sentence in the above Case
K K
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L COURT: The defendant was committed to this court for sentence L
from Eastern Magistracy pursuant to section 81B of the
Magistrates Ordinance. He has pleaded guilty to two
M offences of trafficking in large quantities of ketamine. M
The facts of the offences are as follows. On 25 October
N N
last year, the defendant was seen by a team of Customs
officers, on an operation in a street in Fanling, to be
O carrying a white cloth bag. He was intercepted, and found O
in the bag were 1.73 kilograms of ketamine, the 1st charged
offence.
P P
The defendant was then taken to his residence in a nearby
estate, and in a wardrobe were found items containing
Q Q
4.678 kilograms of the drug, the 2nd charged offence. Drug
packaging paraphernalia was also found in the wardrobe.
R R
So far as the 1st charged offence is concerned, I take a
starting point of sentence of 16 years’ imprisonment. I
S take into account the defendant’s plea of guilty, and reduce S
that to a sentence of 10 years 8 months’ imprisonment.
T T
So far as the 2nd charged offence is concerned, I take a
starting point of 20 years’ imprisonment. In my view, again
U the only mitigation is the defendant’s plea of guilty, and I U
CRT35/20.5.2010/KS 1 HCCC102/2010/Sentence
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A discount the starting point of sentence on that basis to a A
sentence of 13 years 4 months’ imprisonment.
B I am satisfied that a proper totality of sentence, based on B
the whole amount of 6.408 grammes of ketamine and on a
notional starting point of sentence, including any
C C
enhancement to reflect the international element of the
offence, of 22 years’ imprisonment, after a reduction for
D the defendant’s pleas, should result in a total sentence of D
14 years 8 months’ imprisonment.
E To achieve that, I order that the sentences be served E
concurrently, except that 4 years of the sentence imposed on
the 2nd charged offence be served consecutively to the
F F
sentence imposed on the 1st charged offence.
G G
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT35/20.5.2010/KS 2 HCCC102/2010/Sentence
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