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HCCC424/2010
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 424 OF 2010
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HKSAR |
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v. |
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Kaw Yui-pan, Rico |
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Date:
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21 February 2011 at 9.52 am
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Present:
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Mr Harish Melwaney, SPP, of the Department of Justice, for HKSAR
Mr Pang, Norton L T, instructed by C K Mok & Co., assigned by the Director of Legal Aid, for the Accused
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Offence:
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Trafficking in a dangerous drug (販運危險藥物)
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, namely 22.57 grammes of “Ice” by pure narcotic content.
The facts of the case were simple. On pretext, police officers entered a hotel room and found, (a) the defendant, and (b) on the table near him, the drug in question and some packing paraphernalia. Under caution, the defendant admitted to have bought the drug for repacking and selling it to others.
The defendant is aged 38. Born in Hong Kong, he was educated up to secondary 3 level. At the time of the offence, he was unemployed. He lived in Shatin with his girlfriend with whom he had two daughters. He has, on nine previous occasions, gathered a total of 45 previous convictions, none of which are similar. Otherwise, his background is unremarkable.
In mitigation, counsel stated that he committed the present offence to finance his own “Ice” addiction. Given the quantity of the drug involved, the correct starting point, in my view, is one of 7½ years.
For the plea of guilty plus other factors revealed on file, it shall be reduced by almost 45 per cent to 50 months, or 4 years and 2 months.
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