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HCCC 336/2015
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 336 OF 2015
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| Date: |
14 December 2015 at 9.57 am |
| Present: |
Mr Harish Melwaney, SPP of the Department of Justice,
for HKSAR |
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Ms Cindy S M Lee, instructed by Damien Shea & Co,
assigned by DLA, for the accused |
| Offence: |
(1) Trafficking in dangerous drugs (販運危險藥物) |
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(2) Theft (盜竊罪) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The Defendant, originally charged with one charge of
trafficking and one charge theft, pleaded not guilty to the 1st
charge but entered a plea to the lesser charge of possession. She
pleaded guilty to theft. The plea to a lesser charge of possession
of dangerous drugs was accepted by the prosecution.
Facts revealed that police officers laying ambush spotted the defendant acting furtively inside a taxi. She was intercepted for a search, and inside the inner zipped pocket of her handbag was one tissue paper wrapping a transparent resealable bag of drugs and a red packet containing two packets of drugs.
Under caution, she denied the drug belonged to her. A home visit permit belonging to another person was also found inside the handbag. The defendant said that she picked it up earlier at an amusement game establishment.
Under further caution, she maintained a lack of knowledge of the drugs whilst admitting herself to be a drug addict of ‘Ice’. She claimed she has ceased abusing it in April 2014. The present offence happened in February 2015.
Upon analysis, the drugs were found to be 12.5 grammes of a crystalline solid containing 12 grammes of ‘Ice’ and 1.85 grammes of a power containing 0.7 grammes of ketamine.
The street value of the ‘Ice’ and ketamine was estimated to be at HK$5,400 and HK$222 respectively.
The defendant is aged 34. She has a clear record. According to the DATC report, she abused the drugs due to disharmony between her and her mother-in-law who suffered from depression. She abstained from the vice habit during her child-bearing months but relapsed back into such later. Her husband, now on comprehensive social assistance, is solely responsible for taking care of her two sons for the time being.
The medical officer is of the opinion that the defendant is a drug dependent and recommended her to undergo drug addiction treatment.
Whilst Miss Lee has tried to persuade me to look at the option of an immediate custodial sentence, I do not doubt the observation of the medical officer that this defendant is still not completely drug free. Further, a DATC order has the advantage of an aftercare supervision and recall in cases of breach. I adopt the views of the report and sentence her to DATC on both counts concurrently.
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