|
DCCC496/2010
IN THE DISTRICT COURT OF THE
HONG KONGSPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 496 OF 2010
----------------------
----------------------
|
Date:
|
9 June 2010 at 12.16 pm
|
|
Present:
|
Mr Jones Tsui, PP of the Department of Justice, for HKSAR
Mr Chan Kam-fung, Peter, of K F Chan & Co., assigned by the Director of Legal Aid, for the Defendant
|
|
Offence:
|
(1) Possession of a dangerous drug (管有危險藥物)
(2) Trafficking in a dangerous drug (販運危險藥物)
|
---------------------
Reasons for Sentence
---------------------
1. Defendant, you have pleaded guilty to two charges, the first being an offence of possession of dangerous drugs, contrary to section 8(1)(a) and (2) of the Dangerous Drugs Ordinance, Chapter 134, Laws of Hong Kong; and the second, an offence of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.
2. The facts of the case that you have admitted are quite straightforward and indicate that on 29 January of this year, in the early hours of the morning, the police stopped a vehicle in which you were a passenger and conducted a body search on you. The drugs, being a small quantity of cocaine inside a rolled-up cigarette and which are the subject matter of the 1st charge, were found on you.
3. Subsequently, on 5 March of this year, whilst you were on bail in relation to the 1st charge, the police again stopped a vehicle in which you were a passenger. The vehicle was searched and some 39 small packets were concealed behind the air ventilation grille at the front of the vehicle. Inside these packets were the drugs, being the subject matter of the 2nd charge. You told the police that the drugs were yours and were for your own consumption.
4. May I say straight away so that you are not under any illusion, I do not accept your assertion to the police that this large stash of cocaine, some 27.12 grammes in 39 separate small packets, were for your own consumption. It is trafficking that you have pleaded guilty to, the reality being that these drugs were in your possession for the purposes of unlawful trafficking.
5. You are 28 years of age now and have three previous convictions, one of which was for possession of dangerous drugs in 2007 when you were fined a sum of $8,000. Very little has been put forward on your behalf by way of mitigation save that you are remorseful and this is reflected by your plea of guilty to the offences.
6. With regard to the 1st charge of possession of dangerous drugs, I take as my starting point a sentence of 6 months’ imprisonment which will be deducted by one-third to take account of your plea of guilty, coming to 4 months’ imprisonment on Charge 1.
7. So far as Charge 2 is concerned, the total narcotic content is 27.12 grammes of cocaine. Between 10 to 50 grammes, the relevant sentencing bracket is 5 to 8 years’ imprisonment. I take as my starting point a sentence of 6 years’ imprisonment. I will discount this by one-third to take account of your plea of guilty, coming to 4 years’ imprisonment on Charge 2.
8. Since this offence was committed whilst you were on bail in relation to Charge 1, it is proper for the sentences to run consecutively with each other, which I so order. You will go to prison for a total period of 4 years and 4 months.
| |
H H Judge Geiser |
| |
District Judge |
|