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DCCC252/2012
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 252 OF 2012
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HKSAR |
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v. |
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Yeung Wai-ming |
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| Date: |
3 July 2012 at 10.17 am |
| Present: |
Ms Joey Ma, PP of the Department of Justice, for HKSAR |
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Mr Fu Chong-sang, instructed by Wong Yuen Chi & 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 charge 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, the particulars being that you on 30 January of this year at Ground Floor, Front Block, No. 24-1A Bela Vista Villa in Cheung Chau unlawfully trafficked in 11.89 grammes of ketamine.
2. The Summary of Facts which you have admitted quite simply indicate that at the material time and place the police executed a search warrant and found the drugs being the subject matter of the charge on a table inside the premises. Also found was various drug paraphernalia including an electronic scale and resealable plastic bags.
3. You initially told the police under caution that the drugs were for your own consumption, but later on admitted that some of the drugs were purchased by you for the purpose of selling to others. Indeed, it is accepted I am told by the prosecution that half of the drugs being the subject matter of this charge were for your own consumption. I propose to sentence you on this basis.
4. You are 30 years of age and quite obviously you do have a problem with drugs. I note in particular that you have two previous convictions for possession of dangerous drugs and possession of Part I Poison in 2002 and 2009 respectively, when on each occasion you were sentenced to a DATC Order.
5. For trafficking between 10 to 50 grammes of ketamine the normal starting point ranges between 4 to 6 years’ imprisonment. However, due to the fact that only half of these drugs were intended for the purposes of unlawful trafficking and the rest for your own consumption, I am prepared to take a lower starting point of 3½ years’ imprisonment.
6. I will discount this by one-third to take account of your plea of guilty, arriving at a sentence of 28 months’ imprisonment.
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H H Judge Geiser |
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District Judge |
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