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DCCC1208/2010
IN THE DISTRICT COURT OF THE
HONG KONGSPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1208 OF 2010
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Before: |
Deputy District Judge A. Yuen |
Date: |
11 March 2011 at 10.12 am |
Present: |
Mr Jonathan Lin, PP of the Department of Justice, for HKSAR
Mr Jonathan Kwan, instructed by George Chan & Co., for the Defendant |
Offence: |
(1) Trafficking in dangerous drugs (販運危險藥物)
(2) Possession of poison included in Part I of the Poisons List
(管有毒藥表第I部所列毒藥) |
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Reasons for Sentence
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1. You have pleaded guilty to one count of trafficking in dangerous drugs and one count of possession of Part I poison.
2. Facts revealed that on 4 October last customs officers conducted an anti-dangerous drug operation in your premises. Inside the premises, customs officers found, amongst other things, one plastic bag containing 2.83 grammes of a crystalline solid containing 2.82 grammes of “Ice”, two plastic bags containing 13.71 grammes of a mixture containing 8.35 grammes of heroin and another plastic bag containing 5.95 grammes of a powder containing some Part I poison.
3. You admitted that you had the heroin and “Ice” in your possession for the purpose of trafficking.
4. The total market value of the heroin and “Ice” was about HK$14,241.10.
5. There is clear guideline for the sentencing of drugs trafficking charge. The strongest mitigating factor in this case is your plea of guilty.
6. In sentencing you, I also take into account the totality principle as well as the mitigation put forward by your counsel. It is also noted that for the 1st charge, it involves two kinds of drugs, namely heroin and “Ice”, with the quantity of heroin much larger than “Ice”, and this court will therefore take the combined approach when sentencing the 1st charge.
7. For the 1st charge, I will take 4 years as a starting point for the 8.35 grammes of heroin. I will make an upward adjustment of 1 year because of the 2.82 grammes of “Ice”, and therefore making the starting point of the 1st charge a term of 5 years’ imprisonment. Because of your plea, I will reduce it to 3 years and 4 months.
8. For the 2nd charge, I will take 3 months as a starting point. Because of your plea, I will reduce it to 2 months. And this is to run concurrent to the 1st charge. And therefore the total sentence is one of 3 years and 4 months.
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A. Yuen |
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Deputy District Judge |
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