A HCCC83/2009 A
IN THE HIGH COURT OF THE
B HONG KONG SPECIAL ADMINISTRATIVE REGION B
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 83 OF 2009
C C
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D HKSAR D
v
E E
LEE YU-CHUNG
F F
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G Before Hon McMahon J G
Date: 23 April 2009 at 10.23 am
Present: Ms Rosaline Leung, SPP of the Department of Justice,
H for HKSAR H
Mr Caesar Lo Chi-lam, assigned by the Director of Legal
I
Aid, for the Accused I
Offence: Trafficking in dangerous drugs (販運危險藥物)
J Transcript of the Audio Recording J
of the Sentence in the above case
K K
COURT: The defendant has been committed to this court for
sentence pursuant to the provisions of section 81B of the
L Magistrates Ordinance for an offence of trafficking in L
1880.16 grammes of methamphetamine hydrochloride, that is
Ice.
M M
The facts of the case are that the defendant brought the
drugs into Hong Kong on 5 October 2008 on a flight from
N N
Bombay. He intended to transfer to a flight to Manila, but
the drugs which were concealed in his luggage were detected
O by Customs officers. Part of the drugs were found in a O
video projector inside the defendant’s suitcase, and the
balance of the drugs were hidden in the lining of the
P suitcase. P
The defendant was arrested and subsequently admitted he was
Q Q
to deliver the drugs to a person in Manila for a reward of
Taiwanese $30,000 to $50,000.
R R
Given the quantity of drug involved and considering the
guidelines set out in Attorney General v Ching Kwong Hung
S [1991] 2 HKLR at 125, I take an initial starting point of S
sentence of 21 years’ imprisonment. I take into account the
T
international dimension of the offence and enhance that T
starting point of sentence by a further 1 years’
imprisonment. That results in a final starting point of
U sentence of 22 years’ imprisonment. U
CRT35/23.4.2009/NB 1 HCCC83/2009/Reasons for Sentence
V V
A A
The defendant puts forward in his mitigation his economic
and family circumstances, but neither can amount to
B mitigation. He does, however, get full credit for his plea B
of guilty, and the starting point of sentence is reduced to
a sentence of 14 years 8 months’ imprisonment.
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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
CRT35/23.4.2009/NB 2 HCCC83/2009/Reasons for Sentence
V V