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DCCC846/2011
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 846 OF 2011
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Before:
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Deputy District Judge M. Chow
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Date:
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16 September 2011 at 11.44 am
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Present:
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Mr Cheung Man-kwan, Bobby, PP of the Department of Justice, for HKSAR
Mr Wong Cherk-shing, of Charles Wong & Co., 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. The defendant pleaded guilty to a charge of trafficking in a dangerous drug, namely 11.12 grammes of a mixture containing 8.23 grammes of heroin hydrochloride.
2. He was found in possession of 50 packets of heroin when stopped and searched by the police. He admitted under caution that he brought the drugs from one place to another for a reward of $10 per each packet. The street value of the drug was about $7,000.
3. In respect of the criminal record the defendant had 38 previous convictions, 23 convictions related to drugs offences, five convictions out of the 23 convictions were trafficking in dangerous drugs in 1999, 2003, 2005 and 2009.
Mitigation
4. This court has been told that the defendant is now 63 and lived alone before his arrest. He has 40 years of drug addictions. On reflection, he wished to lead a new life as he is now getting old.
Sentence
5. According to the case of Lau Tak Ming, (1990) 2 HKLR 370, 8.23 grammes of heroin falls into the sentencing bracket of 2 to 5 years. Taking into account all the mitigation factors, I adopt a starting point of 4½ years, reduced to 3 years to reflect the defendant’s guilty plea.
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M. Chow
Deputy District Judge |
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