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DCCC12/2009
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 12 OF 2009
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HKSAR |
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v. |
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DHILLON KENNETH SIMON |
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Before: Deputy District Judge M. Chow
Date: 24 March 2009 at 10.36 am
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Present:
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Mr Kwok Wing-lung,SPP of the Department of Justice, for HKSAR
Mr Eddie Law of Eddie P.L. Law & Co., assigned by the Legal Aid Department, for the Defendant
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Offence: Trafficking in dangerous drugs (販運危險藥物)
Reasons for Sentence
1. The defendant pleaded guilty before me of a charge of trafficking in dangerous drugs.
2. The prosecution case was that on 27 October 2008, at 6.52 pm, PW1 and PW2 patrolled to 13th Floor of Ho King Commercial Centre. Through the anti-smoke door, they saw the defendant and another man, a Li Siu-wai, were acting suspiciously. PW1 and PW2 stopped them. Li ran away but were stopped by PW3 and PW4 on the same floor. The defendant was stopped by PW1 after a brief struggle.
3. Upon search on the defendant, one plastic bag containing 13.98 grammes of a mixture containing 9.3 grammes of heroin hydrochloride in the defendant’s trousers pocket. Under caution and in a video recorded interview the defendant stated that the packet was given by Li for safekeeping, he had nothing to do with the drugs.
4. In the video recorded interview, the defendant further said that he met Li at 5 pm on the same day. They both went to meet another man who gave Li some drugs. Li passed some drugs to him for safekeeping. They went to 13th Floor of Ho King Commercial Building by taxi and were subsequently arrested there.
5. The defendant was given $500 for the reward.
6. In respect of the criminal record, the defendant has six previous convictions. The last conviction was in July 2004; suffice to say that there was no similar convictions.
7. In mitigation, I was told that the defendant’s family are all living in Australia. He lives in a public housing unit and he wrote me a letter, the content of which said that he was worrying that the Housing Authority would take away this unit because no one would pay the rent for him.
8. At the time of the commission of this offence he was unemployed. According to him, he was used by the others for a reward of $500. He is now remorseful and pleaded guilty to the charge. He has no similar convictions.
9. In passing sentence, I bear in mind of all the mitigating factors before me. And the sentencing guideline of Lau Tak Ming that this sentence should fall in the category of 2 to 5 years. Having considered the quantity of the drugs involved, I therefore adopt a starting point of 4½ years, reduced to 36 months to give credit to the defendant’s guilty plea.
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M. Chow |
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Deputy District Judge |
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