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DCCC8/2011
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 8 OF 2011
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Before: |
H H Judge Tallentire |
Date: |
28 February 2011 at 2.48 pm |
Present: |
Mr Alex Wong, PP of the Department of Justice, for HKSAR
Ms Kam Suk-yee of S H Chan & Co., assigned by the Director of Legal Aid, for the Defendant |
Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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Reasons for Sentence
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1. Defendant, you have pleaded guilty to a single offence of trafficking in dangerous drugs, contrary to sections 4(1) and (3) of the Dangerous Drugs Ordinance, Cap. 134. You admitted the brief facts and I convicted you.
2. The facts are as follows. At about 8.30 pm, on 24 October last, Li Wai-lun went to the home of his girlfriend at Room 102, Tin Yat Estate, Tin Shui Wai. On top of the iron grille he found a black plastic bag containing dangerous drugs, P1. He then informed the police. The police replaced it and lay in ambush. You approached the flat with another male and took P1 from the top of the iron grille. You were intercepted and arrested.
3. Under caution, you admitted to coming to pick up P1 and that it was nothing to do with your friend. Subsequent analyses showed P1 to contain eight plastic bags containing a 105.01 grammes of powder containing 82.63 grammes of ketamine. The estimated street value of the drugs is approximately $5,800. You possessed the drugs for trafficking.
4. You had in your possession at the time $1,638.70 and a mobile phone. You have no previous convictions, but you admit to a caution for a dissimilar matter. As you are only 16 years of age I adjourned sentence for a probation officer’s background report, which is now before the court. I have read it and taken it fully into account.
5. Miss Kam entered mitigation on your behalf. She told me that you agreed with the contents of the report, that you are very remorseful for what you have done, and intend, after you leave prison, to go straight. She tells me that you are not addicted to dangerous drugs, but you have committed this offence in order to earn easy money. She placed before me four letters, those being from yourself, your family, a social worker and a district councillor. Those letters were generally supportive of you.
6. It was also drawn to my attention that your family is present in court today to offer a support. Miss Kam also told me that at the time of arrest you were entirely cooperative with the police. She referred to your clear record and your youth. She has told me that you have been advised that the tariff in this case was 6 to 9 years' imprisonment as a starting point. I was asked for leniency.
7. This is a serious offence involving -- there is a substantial amount of ketamine. Youth is of little relevance in such a situation. To regard it as such would encourage the people higher up the chain of criminality to have younger couriers. However, having said that, I cannot ignore the fact that you are only 16 years of age, of clear record, and you were cooperative with the police.
8. In recognition of all factors in this case, I intend to stay within tariff but take the lowest tariff. I take, therefore, a starting point of 6 years' imprisonment, reduced to four for your plea of guilty.
9. You will go to prison for 4 years.
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Tallentire |
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District Judge |
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