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DCCC 935/2012
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 935 OF 2012
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| Before:
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H.H. Judge G. Lam
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| Present:
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Mr. Simon TSO, SPP, of the Department of Justice, for HKSAR.
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Mr. Jacky JIM instructed by M/s Li, Wong, Lam & W.I. Cheung, 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
The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is cocaine.
2. About 10:50 pm on 27 July 2012, PC 59098 (PW1) and PC 58864 (PW2) were observing the defendant, who was acting furtively near a flowerbed located at the entrance of Shek Wai Kok Shopping Centre Loading Carpark, Shek Wai Kok Estate. They saw the defendant picking up something from the flowerbed and then putting it in his trouser pocket. Both officers approached the defendant for enquiries.
3. When PW1 and PW2 revealed their police identities, the defendant fled. Both officers gave chase. They intercepted the defendant outside Shek Lan House of the same housing estate. Upon search, a plastic bag wrapped in a piece of tissue paper was found in the right front pocket of the defendant's trousers. It was later confirmed that the plastic bag contained 23.68 grammes of a solid containing 18.47 grammes of cocaine.
4. The defendant now admits that he possessed the cocaine found on him for the purpose of trafficking.
5. The defendant is now 18 and has a clear record. Defence counsel Mr. JIM informed me that the defendant used to be a good kid. Unfortunately, his parents were divorced in 2008 when he was 14. The defendant went to live with his mother and younger brother. As a result of his parents' divorce, the defendant felt lonely and could not pay attention to his studies. He got acquainted with dubious peers and became a drug addict. The defendant is under the care of a social worker.
6. Regarding the present offence, Mr. JIM submitted that the defendant met someone in a karaoke and foolishly agreed to deliver drugs for a reward of $1,000. Mr. JIM further submitted that the defendant has reflected upon himself and feels sorry for what he has done. His parents are supportive of his rehabilitation. Letters written by the defendant and his parents were placed before me; their contents are duly noted.
7. The Court of Appeal has laid down clear sentencing guidelines for trafficking in cocaine (see Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69 and The Queen v LAU Tak-ming & others [1990] 2 HKLR 370). For 10 to 50 grammes of cocaine, the sentence ranges from 5 to 8 years' imprisonment.
8. Based on section 109A(1A) of the Criminal Procedure Ordinance (Cap.221) and owing to the seriousness of this case, I took the view that it is unnecessary to obtain any pre-sentencing reports despite the defendant's young age. A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment.
9. The defendant trafficked in 18.47 grammes of cocaine. The appropriate starting point is 5.5 years. A one-third discount is given for the guilty plea, reducing the sentence to 44 months. In view of the defendant's young age and clear record, I am prepared to further reduce his sentence by 4 months. Apart from this, I see no other mitigating factors which warrant any further discount. The sentence I pass is 40 months' imprisonment.
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