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DCCC300/2011
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 300 OF 2011
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Before:
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H H Judge S. D’Almada Remedios
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Date:
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8 August 2011 at 10.32 am
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Present:
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Mr Sunny Kwong, Solicitor on fiat, for HKSAR
Mr John William Ross Massie, of Messrs Massie & Clement, assigned by the Director of Legal Aid, for the Defendant
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Offence:
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(1) Trafficking in a dangerous drug (販運危險藥物)
(2) Possession of poison included in Part I of the Poisons List
(管有毒藥表第I部所列毒藥)
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Reasons for Sentence
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1. Defendant, you have pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, and one charge of possession of Part I poisons, contrary to sections 23(1), 33(1) and 34 of the Pharmacy and Poisons Ordinance, Chapter 138.
2. Both offences were committed on 19 January 2011 For the offence of trafficking, you trafficked in 6.95 grammes of a crystalline solid containing 6.27 grammes of methamphetamine hydrochloride which is otherwise known as “Ice.” For the possession of Part I poisons, you had in your possession 70 tablets containing sildenafil and 40 tablets containing zopiclone.
3. On the day in question, police officers laid ambush on the 8th floor of Block 23, Shek Kip Mei Estate, Sham Shui Po. At about 10.58 pm, they saw you leaving Room 823. When you saw the officers, you turned back into your room immediately. They immediately intercepted you and found the drugs “ice” contained in 10 small resealable plastic bags from your left hand. The tablets were found in a drawer in your bedroom. Inside your flat, an electronic scale and further resealable plastic bags were found on a table inside the room.
4. Mr Massie, your solicitor, has mitigated fully and thoroughly on your behalf today. I have taken into account all that he has had to say on your behalf. You are 46 years of age, born in China but came to Hong Kong in 2004 as you married a Hong Kong resident. You are of clear record. You live with your daughter aged 12 and an elder daughter aged 22. I am informed that you have been a drug addict since the age of 43. You committed this serious offence of trafficking as stated in the facts as somebody had asked you to sell the drugs for them.
5. The thrust of Mr Massie’s mitigation is that you are 43 years of age and have kept out of trouble for a very long time. Hence, some further discount should be given for your clear record. He, however, accepts that for trafficking in “Ice,” there are tariffs and guidelines to be followed. The guidelines are that as set down in Attorney General v Ching Kwok Hung, Application for Review No. 15 of 1990.
6. You fall within the first bracket, that is up to 10 grammes, which a sentence of 3 to 7 years’ imprisonment is appropriate as a starting point had you been convicted after trial. The amount of drugs that you had in your possession for trafficking was 6.27 grammes of “Ice.”
7. In view of the amount of drugs, I take a starting point of 60 months’ imprisonment, which is actually 5 years’ imprisonment, and reduce that to one of 40 months’ imprisonment which equals to 3 years and 4 months’ imprisonment.
8. For the 2nd charge, you will be fined $500.
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(S. D’Almada Remedios)
District Judge |
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