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DCCC176/2011
IN THE DISTRICT COURT OF THE
HONG KONGSPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 176 OF 2011
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Before: |
Deputy District Judge A Yuen |
Date: |
30 March 2011 at 2.51 pm |
Present: |
Mr Alvin Tsui, PP of the Department of Justice, for HKSAR
Mr Cheng Ki-yeung of Messrs Tang, Leung, Li & Tsang, for the Defendant |
Offence: |
(1) Trafficking in a dangerous drug (販運危險藥物)
(2) Possession of a dangerous drug (管有危險藥物) |
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Reasons for Sentence
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1. You have pleaded guilty to one count of trafficking in dangerous drugs and another count of possession of dangerous drugs.
2. Facts revealed that, on 21 December last, police intercepted your car at Sau Mau Ping Estate and found inside a plastic bag, containing 0.24 grammes of a solid containing 0.23 grammes of cocaine on the driver’s seat. Police also found two other plastic bags containing, in total, 47.63 grammes of a solid containing 44.02 grammes of cocaine underneath the gearbox cover. You admitted that you were delivering the two bags of cocaine found underneath the gearbox cover to other for a reward, while the smaller bag of cocaine found on the driver’s seat was for your own consumption.
3. The estimated street value of all the cocaine found is approximately HK$80,700.
4. In sentencing you I take into account your plea of guilty, the totality principle and the mitigation put forward by your counsel. In this case, as far as the trafficking charge is concerned, it involves 44.02 grammes of cocaine. The guidelines set down in the case of Lau Tak Ming applies. That is, for a quantity of narcotics between 10 and 50 grammes, the term of imprisonment should be between 5 and 8 years. Apparently you are a drug addict, and probably that is the main reason for you committing the present offence. On this occasion you will be kept in prison for a substantial period of time. Hopefully you can make good use of the time inside and get rid of the drug habit, learn a skill or engage yourself in some kind of studying, which hopefully can help you to find a meaningful job after discharge from prison so that you can become a decent citizen and at the same time set a good example to your baby daughter.
5. For the 1st charge, the trafficking charge, I will take 7 years as the starting point. Because of your plea I reduce it to 4 years and 8 months. As to the 2nd charge, possession of dangerous drugs, I will take 3 months as the starting point. Because of your plea I reduce it to 2 months.
6. The two sentences are to run concurrently to each other, therefore making the total sentence one of 4 years and 8 months.
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A Yuen |
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Deputy District Judge |
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