HKSAR v. LEE CHUN MAN

 DCCC669/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 669 OF 2010

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Reasons for Sentence

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1.  You have been convicted on your own plea of trafficking in 8.63 grammes of a mixture containing 5.28 grammes of heroine hydrochloride.

2.  On 29 April this year, at around 5.30 in the morning, police officers observed you loitering in the vicinity of a pavilion at the Tung Chau Street Park in Nam Cheong Street.

3.  The police officers searched you. The police found that in one of your hands you were holding three plastic bags containing 46 smaller packets which contained the drugs referred to in the charge. At the time, you had $884 in cash on you as well as a mobile telephone.

4.  By your plea today, you have admitted that you had those drugs in your possession for the purpose of trafficking in them.

5.  As you would have been well aware, drug trafficking is a very serious offence. You would have known that severe consequences would follow if you were caught. Nevertheless, you decided to take the risk, presumably that was because of the reward it would bring you, and now you have to take the consequences.

6.  I am adopting a starting point of 3½ years’ imprisonment, that is 42 months.

7.  I bear in mind that although you have a previous conviction, it was for simple possession of dangerous drugs and that offence was 14 years ago.

8.  The only significant mitigation in your case is your plea of guilty, for which you are entitled to the usual discount of one-third.

9.  I accordingly sentence you to 28 months’ imprisonment, that is 2 years and 4 months’ imprisonment.