|
DCCC381/2010
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 381 OF 2010
----------------------
----------------------
|
Before:
|
H H Judge Tallentire
|
|
Date:
|
9 June 2010 at 9.57 am
|
|
Present:
|
Ms Rosa Lo, PP of the Department of Justice, for HKSAR
Mr Tang Lung-wai, Stephen, instructed by Messrs Ip & Heathfield, assigned by the Director of Legal Aid, for the Defendant
|
|
Offence:
|
Trafficking in a dangerous drug (販運危險藥物)
|
---------------------
Reasons for Sentence
---------------------
1. Defendant, you pleaded guilty to a single offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134. You admitted the Brief Facts and I convicted you.
2. Briefly, the facts were as follows. Just after midnight on 6 February of last, Customs and Excise officers found you and another male acting suspiciously at the podium outside No. 5 Glee Path, Phase 2, Mei Foo Sun Chuen, Kowloon. The officers intercepted both of you and searched you. Inside the rear pocket of your jeans, they found a paper box containing eight bags of suspected dangerous drugs. These contained a total of 78 solids of suspected cocaine subsequently found to be 22.9 grammes of solids containing 21.96 grammes of cocaine.
3. Under caution, you admitted the substance to be cocaine which was for your own consumption. For the record, nothing illegal was found on the other male. In fact, you possessed the dangerous drugs for trafficking.
4. You are a young man of hitherto clear record. In view of your age, sentence had been adjourned pending the probation officer’s background report which is now before me. I have read that report and it has been explained to you. I am informed that you agree with its contents.
5. On your behalf, Mr Tang entered limited mitigation. He stressed your youth, being 17 years of age, your clear record and your plea of guilty. He said that you enjoyed the support of your mother and produced a letter which your mother had written to the court. I have read that letter and I take its contents fully into consideration when sentencing you.
6. I turn now to the sentence. Trafficking in dangerous drugs is a serious offence, a very serious offence indeed. It is one that is prevalent in Hong Kong. I note from the probation officer’s report that you come from a broken home and have had a difficult upbringing. But apart from that, there is nothing of special note within that report. I note also your clear record and your relative youth. The latter cannot be taken into account as mitigation as this would give succour to the young to get involved with this type of offence. However, it does seem that you are well-spoken of by many people, and I do have some sympathy for you and your family.
7. However, as I said, this is a serious matter. I have taken a relatively modest starting point for approximately 22 grammes of cocaine. That starting point in accordance with the scale is 66 months’ imprisonment, 5 and a half years. However, you are entitled to and receive one-third discount for your plea of guilty. You will therefore go to prison for 44 months.
| |
Tallentire |
| |
District Judge |
|