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HCCC201/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 201 OF 2009
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Before:
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Deputy High Court Judge Geiser
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Date:
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31 July 2009 at 12.28 pm
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Present:
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Mr P J Power, SPP of the Department of Justice, for HKSAR
Miss Isabella Chan, instructed by Messrs Chong & Yen, assigned by the Director of Legal Aid, for the Accused
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Offence:
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Trafficking in a dangerous drug (販運危險藥物)
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: Defendant, you have been committed to this court for sentence, having pleaded guilty in the court below to a single charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134, Laws of Hong Kong.
The Summary of Facts which you have agreed indicates that on the day in question - that is, 9 January of this year - you were intercepted by Customs officers and taken back to your premises in Sham Shui Po, where a search was conducted, and the drugs - that is, 117.75 grammes of a powder containing 108.02 grammes of heroin - were found in five ziplock bags.
You have a poor criminal record, but I note that although you have a number of previous convictions for drug abuse, this is in fact your first conviction for drug trafficking. I have no doubt that you are a drug addict who feeds your nefarious addiction by selling drugs to others.
The only mitigation is your plea of guilty to the charge, and I will give you credit for that.
I adopt as my starting point a sentence of 9½ years’ imprisonment. I will discount this by one-third to take account of your plea of guilty, coming to a sentence of 6 years and 4 months’ imprisonment.
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