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DCCC1351/2009
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1351 OF 2009
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Before:
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H H Judge Tallentire
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Date:
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11 June 2010 at 2.42 pm
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Present:
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Mr Andy Lau Hoo-yin, PP, of the Department of Justice, for HKSAR
Mr David Boyton, instructed by Ivan Tang & Co., 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. 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.
2. You admitted the brief facts and I convicted you. Those facts were as follows.
3. In the early hours of 26 October of last year, police set up a road block at Shek Kip Mei Street, Sham Shui Po. Around 1.10 am you stopped at the road block in your vehicle. You appeared nervous. You were asked to alight and you did so, and you were seen to drop a folded piece of tissue onto the driver’s seat. This contained a plastic bag of suspected dangerous drugs. You were arrested. You claimed it was “coke” for your own consumption.
4. Subsequent analysis revealed this to be 11.9 grammes of a solid containing 10.77 grammes of cocaine. In fact, you possessed this for trafficking.
5. You admitted to five previous convictions, one of which was similar.
6. On your behalf, Mr Boyton claimed that part of the drugs were for self-consumption. Therefore I adjourned for a report to assess your level of addiction.
7. The report showed that you were not now drug addicted, but it was clear from how it was framed that you could have been at the time. On that point I give you the benefit of the doubt.
8. Mr Boyton entered limited mitigation for the simple reason that there was not really very much he could say. He told me about your employment position prior to arrest. He stressed your plea of guilty and reiterated the claim that you had possessed these drugs partly for self-consumption and partly for supply to others. He confirmed that position.
9. I turn now to the sentence.
10. As I have said, even though you are not now deemed to be drug addicted, I do accept that at the time you possibly and indeed probably were. Given the circumstances, your claim at the scene and the nature of the drug, I am prepared to accept that as the position, to the extent that you would have consumed some of these drugs yourself and supplied the remainder to others.
11. The tariff in this case is 5 to 8 years. You were possessed of just under 11 grammes of cocaine, which places the normal starting point towards the end of the tariff. By that I mean the bottom of the tariff.
12. Having made the allowance that I have indicated that I would, I am taking a starting point in this case of 4½ years, conscious though I am aware of your previous conviction for a similar.
13. Your plea of guilty entitles you to one-third discount. You will have that.
14. You will therefore go to prison for 3 years.
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Tallentire |
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District Judge |
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