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DCCC743/2011
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 743 OF 2011
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Before:
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H H Judge Tallentire |
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Date:
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15 September 2011 at 10.25 am |
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Present:
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Ms Chan Sze-yan, Public Prosecutor, of the Department of Justice, for HKSAR
Mr Tse Wing-lok, Dennis, of Messrs Christine M Koo & Ip, assigned by the Director of Legal Aid, 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. You have pleaded guilty to one offence of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.
2. You admitted the facts and I convicted you.
3. What happened is this. On 26 April last around 1802 hours, PW1 and PW2, both police constables, saw you acting furtively at the staircase near Room 808, Shan Lam House, Hong Lam Court, Shatin. They intercepted you and a search revealed three zip lock bags of white powder and one paper packet of suspected dangerous drugs from your trousers pocket.
4. Upon arrest and caution, you admitted to being unhappy and buying the “K jai” to share with friends.
5. Later analysis showed one plastic bag containing 13.6 grammes of powder containing 9.17 grammes of ketamine; one plastic bag containing 13.6 grammes of powder containing 11.23 grammes of ketamine; one plastic bag containing 1.07 grammes of powder containing 0.85 grammes of ketamine; and one paper packet containing 0.14 grammes of powder containing 0.12 grammes of ketamine.
6. You possessed the drugs for the purpose of trafficking.
7. You admitted to one previous similar conviction in 2009.
8. On your behalf, Mr Tse entered mitigation. He told me you are 23 years of age, educated to Form 3, and now unemployed. You had worked as a casual delivery worker until losing your job in March of this year. You had earned approximately $9,000 per month, part of which you paid to your family which comprises your father of 73, mother of 53, and two sisters.
9. Mr Tse tells me that you have been involved with dangerous drugs since you were 16 and that part of this amount would have been consumed by yourself, the rest would have been shared with your friends.
10. You had written a letter to court which was summarised by Mr Tse. In short, you expressed your remorse, your intention to remain drug-free and to obtain some qualifications whilst in prison to help you with your future.
11. I turn now to the sentence.
12. You have pleaded guilty at the first available opportunity and that is perhaps the major point in mitigation. I do note you have a previous conviction for trafficking. However, I am prepared to accept that part of the amount of the drugs would have been self-consumed and the rest shared with your friends.
13. To reflect that, what I am going to do is this. I will take as a starting point the very bottom of the tariff, that is a starting point of 4 years, reduced to 32 months for your plea of guilty.
14. You will go to prison for 32 months.
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Tallentire
District Judge |
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