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DCCC1404/2009
IN THE DISTRICT COURT OF THE
HONG KONGSPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1404 OF 2009
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Before:
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Deputy District Judge Woodcock
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Date:
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29 July 2010 at 2.35 pm
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Present:
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Mr Lenny Cheng, PP, of the Department of Justice for HKSAR
Mr David Rex Boyton, instructed by Louis K Y Pau & Co., assigned by the Director of Legal Aid, for the Defendant
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Offence:
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Trafficking in a dangerous drug (販運危險藥物)
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Reasons for Sentence
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1. On the last occasion you pleaded guilty to possession of this amount of ketamine.
2. The purity of the powder found on your person was 19.09 grammes. Normally, that amount of ketamine would attract a custodial sentence, mainly because of the latent risk involved with you being in possession of that much ketamine, and to sentence you to DATC would be on the lenient side. I would not consider DATC if you had a different background, and I would not have considered a DATC suitable if you had not had a clear record.
3. You are 24 years old and school was fairly uneventful. However, you have clearly got involved with some undesirable peers, yet at the same time you have worked since 2007 and your employer has commented that you are reliable, industrious, hardworking and can work independently.
4. Your parents do not know about this offence, you know they will be shocked, but your sister was interviewed and she is of the view that you are easily led astray which has led you to dabble into drugs and ultimately become an addict.
5. As I have said, if your background had been different I would not be considering DATC, but I am prepared to consider this an appropriate sentence, one of the reasons being is that even when you are released you will have to follow a one year aftercare supervision period.
6. Please stand up, defendant. As I said, I intend to follow the recommendation of this report and sentence you to Drug Addiction Treatment Centre. The conviction will be recorded. Do you understand?
DEFENDANT: I understand.
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A. J. Woodcock |
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Deputy District Judge |
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