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DCCC 413/2019
[2019] HKDC 1337
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 413 OF 2019
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| Present: |
Miss Lo Wing Shan, Stella, Public Prosecutor, for HKSAR |
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Ms Cheng Suk Yee, Flora instructed by Messrs. CLY Lawyers, assigned by the Director of Legal Aid for the defendant. |
| Offence: |
[1]-[2] Trafficking in a dangerous drug(販運危險藥物) |
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REASONS FOR SENTENCE
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1. Close to mid-night on 20 February 2019, patrol officers stopped the defendant outside Shek Lei Adventure Playground, Shek Pui Street, Kwai Chung and found drugs (1.76g of a solid containing 1.21g of cocaine) in four plastic bags in his left hand. Also found on him a mobile phone and $7,720 in cash. He told the officers that the drugs were for his own consumption and there were more drugs at his home.
2. He was then taken back to his residence in Cheung Shan Estate for a search and further drugs (7.61g of a solid containing 4.89g of cocaine) were found in 35 plastic bags in a sofa bed in the sitting room. He admitted to the officers that he was going to sell those drugs to make some quick money.
3. The defendant, a 21-year-old man, pleaded guilty before me to 2 counts of drug trafficking – charge 1 concerning the drugs found on him in the street while charge 2 the drugs found at his home.
4. He has two previous convictions – his first conviction is AOABH back in 2013 and his last one is robbery in 2017 for which he was sent to prison for 4 years.
5. In mitigation, the court heard that the defendant is the only child and his parents have been separated for years due to marital discord. The defendant lives with his father who is a construction worker.
6. Counsel for the defendant, Miss Flora Cheng, submitted that the defendant was out of job at the time of the offence, he was addicted to cocaine and the urine test conducted while in custody showing positive for cocaine and amphetamine.
7. While the defendant not relying on part-consumption as the ground of reduction in sentence, Miss Cheng did ask this court to take into account the fact that the defendant is a drug abuser and therefore exercise discretion to take a few months off.
8. Miss Cheng emphasized that the defendant was cooperative right from the beginning and it was on his own initiative which led the police to the discovery of drugs at his home.
9. The tariff for trafficking in cocaine is up to 10g, 2 to 5 years. Based on the narcotic content, I take 2 years 3 months and 3 years 6 months for charges 1 and 2 respectively.
10. As far as mitigation is concerned, the substantial mitigating factor is nothing but his guilty pleas. Giving a third discount, the starting point is reduced to 18 months and 28 months for charges 1 and 2 respectively.
11. In order to give effect to the fact of his being a drug abuser, I order both terms to run concurrently with one another instead of partly consecutive (in so doing the defendant would effectively be better off by 2 months), the total term is one of 28 months.
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