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DCCC 648/2013
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 648 OF 2013
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| Before: |
HH Judge Woodcock |
| Date: |
13 September 2013 at 9.35 am |
| Present: |
Miss Mickey Fung, SPP, of the Department of Justice, for HKSAR |
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Mr Kwong Mun Fai, Sanny, of Sanny Kwong & Co, assigned by the Director of Legal Aid, for the defendant |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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Reasons for Sentence
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1. You pleaded guilty to one count of trafficking in a dangerous drug, namely it was a solid that contained 8.02 grammes of cocaine. At the time of the offence you were 17 years old, you are now 18. On the last occasion I heard full mitigation. I adjourned and called for a Training Centre Report.
2. Those that traffic drugs deserve a term of imprisonment but because of your age at the time of the offence, your previous clear record and your plea I called for a report. I do not intend to repeat the contents of the report.
3. The facts of the case in themselves are very straightforward. It was a stop and search case. Police officers saw you looking nervous, stopped and searched you. They found the drugs on your body and two mobile telephones.
4. The report explains your family background, when your father passed away, how your mother remarried but is now a single mother. You have siblings, the youngest is only nine. Your mother works very hard to keep the family afloat financially, she has to work as well as ask for subsidy for your youngest brother. Your situation is sadly all too familiar. You did not do well at school, your employment history after you left school is very unstable and you then became acquainted with friends who had some triad elements. You were introduced to drugs and eventually you turned to trafficking, acting as a drug mule for financial gain. You now say you are remorseful. A period of detention will normally make a young man reflect on his behaviour and mistakes. Your mother is here today and she was here on the last occasion which means she supports you still. You should not waste her time and affection.
5. The report says you are mentally and physically fit for detention in Training Centre. The officer who wrote this report says that you need to gain insight into your problems and lifestyle and a period of disciplinary training coupled with statutory supervision would be beneficial to you. I can consider Training Centre. If I did not think it appropriate, I would consider obviously a term of imprisonment and I can tell you now that with this quantity of cocaine, the starting point would be about 4½ years. Training Centre is not normally an appropriate sentence but having considered your age, your previous clear record, your continued family support from your mother and the fact that Training Centre may help you turn over a new leaf, I will on this occasion sentence you to Training Centre.
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A. J. Woodcock |
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District Judge |
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