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DCCC1251/2009
IN THE DISTRICT COURT OF THE
HONG KONGSPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1251 OF 2009
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Before:
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H H Judge Longley
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Date:
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19 April 2010 at 10.06 am
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Present:
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Miss Chan Sze-yan, PP, of the Department of Justice, for HKSAR
Mr David Khosa, instructed by Jal N. Karbhari & 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. Inderjit, stand up. You have been convicted on your own plea of trafficking in 9.96 kilograms of cannabis resin. This large quantity of cannabis resin was found by Customs officers in the backpack which was being brought by you into Hong Kong in the private vehicle in which you were a passenger. You initially claimed that it was not your luggage and that you were simply helping a friend to bring the backpack into Hong Kong. However, a DNA analysis subsequently revealed that the clothing in the rucksack was yours.
2. It is claimed on your behalfthat due to momentary greed you agreed to take this bag for a friend who shared accommodation with you into Hong Kong, knowing that it contained cannabis, in return for a reward of $4,000. You cannot have been in any doubt that trafficking in Hong Kong in dangerous drugs is a serious offence and that very serious consequences would follow if you were caught bringing these drugs into Hong Kong.
3. I have listened to everything that Mr Khosa has said on your behalf. I am satisfied that the appropriate starting point in this case is one of 4 years’ imprisonment. You are a man who has had no previous convictions in Hong Kong, but that of course is a factor of limited significance as you are not a Hong Kong resident. Your previous visits to Hong Kong have been for very short periods.
4. I also bear in mind your age and the fact that your incarceration is likely to cause hardship to your family. The most significant mitigation in your case is your plea of guilty, and for that you are entitled to the usual discount of one-third.
5. I accordingly sentence you to 32 months' imprisonment. That is 2 years 8 months.
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