A HCCC31/2011 A
IN THE HIGH COURT OF THE
B HONG KONG SPECIAL ADMINISTRATIVE REGION B
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 31 OF 2011
C C
-----------------
D HKSAR D
v
E E
Lai Kwok-kai
F F
-----------------
G Before: Hon McMahon J G
Date: 30 March 2011 at 9.46 am
Present: Mr P J Power, SADPP of the Department of Justice, for
H HKSAR H
Mr Wai Hon-hei, Terence, instructed by the Legal
I
Aid Department, for the Accused I
Offence: Trafficking in a dangerous drug (販運危險藥物)
J --------------------------------- J
Transcript of the Audio Recording
of the Sentence in the above Case
K K
---------------------------------
L COURT: The defendant pleaded guilty in Eastern Magistracy to an L
offence of trafficking in 49.09 grammes of heroin, and has
been committed to this court pursuant to section 81B of the
M Magistrates Ordinance for sentence. M
The facts of the case are that on 16 August 2010, the
N N
defendant was intercepted by police on a footbridge in Hung
Hom. He was subsequently searched, and the drugs the
O subject of the offence were found in his underpants. O
When questioned, he admitted he was to deliver the drugs to
P someone else. P
I take a starting point of sentence of 8 years’
Q Q
imprisonment.
R Although the defendant was intercepted that morning at R
7.43 am and had crossed into Hong Kong from the mainland
exactly one hour before his apprehension, I do not proceed
S on the basis that he had imported the drugs. There is a S
possibility he received them after he had entered Hong Kong.
T
There is, therefore, no aggravating factor. T
The defendant’s only mitigation of substance is his plea of
U guilty. U
CRT35/30.3.2011/KS 1 HCCC31/2011/Sentence
V V
A A
Accordingly, the starting point of sentence is reduced to a
sentence of 5 years 4 months’ imprisonment.
B B
C C
D D
E E
F F
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
CRT35/30.3.2011/KS 2 HCCC31/2011/Sentence
V V