|
DCCC73/2011
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO.73 OF 2011
--------------------
--------------------
| Before: |
Deputy District Judge A Yim |
| Date: |
2 March 2011 at 10:30 am |
| Present: |
Mr. Lenny CHENG, of the Department of Justice, for HKSAR
Mr. TSE Lin Fung Charles, of Messrs Yip, Tse & Tang, assigned by the Director of Legal Aid, for the defendant |
| Offence: |
(1) Trafficking in a dangerous drug (販運危險藥物) |
---------------------
Reasons for Sentence
---------------------
The defendant was charged for trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134
The defendant pleaded guilty and admitted the facts, he is convicted accordingly.
Facts
In the small hours on 10 December 2010, upon a stop and search, the defendant was found in possession of:
- A transparent plastic bag contained 70 packets containing a total of 11.55 grammes of a mixture containing 8.81 grames of heroin hydrochloride;
- A transparent plastic bag contained 70 pockets containing a total of 11.54 grammes of a mixture containing 8.77 grammes of heroin hydrochloride; and
- A transparent plastic bag contained 60 pockets containing a total of 9.87 grammes of a mixture containing 7.44 grammes of heroin hydrochloride.
The estimated street value of the entire drug found was about $19,665.
Under caution, the defendant admitted that the drug found on him was No.4 heroin and that he was to deliver the drugs for a reward of $3000.
In the present case the quantity of heroin hydrochloride concerned is 25.02 grammes. I refer to the tariff in Lau Tak-ming [1990] HKLR 370, and consider the appropriate starting point to be 6 years.
Mitigation
The defendant aged 43, single relied on public assistance and lives with his mother. The mother aged 70 odd and required regular medical attention. I noted the defendant is not the only child of the mother yet I would refer the mother to social welfare department for any necessary assistance. The defendant himself suffers from liver problem and required regular blood test, I would order appropriate medical treatment be given to him.
I noted the defendant has 16 previous convictions of which 8 related to drugs, he was last discharged from prison in March 2010 for theft and AOABH. Trafficking in dangerous drugs is a serious offence; it should be within the defendant’s contemplation that it called for lengthy imprisonment.
The defendant entitled to 1/3 discount for his plea, I do not consider there to be any mitigating factor that called for further deduction.
Order
The defendant is sentenced to 4 years imprisonment
The defendant is to be given appropriate medical treatment.
| |
A. Yim |
| |
Deputy District Judge |
|