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DCCC27/2012
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 27 OF 2012
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HKSAR |
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v. |
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Cheung Tsz-kin |
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| Date: |
16 February 2012 at 12.20 pm |
| Present: |
Mr Alex Wong, PP, of the Department of Justice, for HKSAR
Mr Wong Kwok-tung, of Messrs Fan Wong & Tso, assigned by the Director of Legal Aid, for the Defendant |
| Offence: |
(1) - (4) Trafficking in a dangerous drug (販運危險藥物)
(5) Possession of offensive weapons (管有攻擊性武器) |
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Reasons for Sentence
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1. Defendant, you have pleaded guilty to four separate charges of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134, Laws of Hong Kong.
2. All of the offences took places between 17 September last year and 10 October last year and involved you selling small quantities of “Ice” between 0.22 grammes and 0.29 grammes to an undercover police officer on each occasion for a sum of $300.
3. On the last occasion on 10 October 2011, after the transaction had been completed, the undercover police officer revealed her identity. You were arrested. The $300 marked money was found on you together with another small quantity of “Ice”.
4. You are 37 years of age and have many previous convictions consisting of a whole range of offences, including assault, criminal damage, theft, burglary and attempted robbery. You are a drug addict and I note that you were last released from prison on 17 June last year, only some three months before you committed the offence particularised in Charge 1.
5. Very little has been put before me by way of mitigation on your behalf. Indeed, there is very little that can be said, save that you have pleaded guilty, and I will take this into account in sentencing you.
6. The guidelines for sentencing with regard to trafficking in “Ice” are to be found in Attorney General v Ching Kwok Hung [1991] 2 HKLR 125, and for trafficking in up to 10 grammes the sentence ranges between 3 and 7 years’ imprisonment.
7. Accordingly, on each of these charges I adopt a starting point of 3 years’ imprisonment. I will discount that sentence on each charge by one-third to reflect your plea of guilty, coming to 2 years’ imprisonment on each charge.
8. Due to the question of totality of sentence, I order these sentences to run concurrently with each other.
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H H Judge Geiser |
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District Judge |
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