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DCCC 809/2013
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 809 OF 2013
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| Date: |
1 November 2013 at 9.45 am |
| Present: |
Mr Sajan Sujanani, Counsel on fiat, for HKSAR |
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Mr Lee Chiu-tong, Peter, instructed by Yip & 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. The defendant has pleaded guilty to a charge of trafficking in 20.49 grammes of cocaine.
2. The circumstances of the offence are that at 11 o’clock on the evening of 8 June 2013, uniform police officers were on patrol in Argyle Street, Mongkok. They noticed the defendant coming out from Shanghai Street and on seeing the police officers, the defendant immediately turned back to the direction of Shanghai Street. The officers found this suspicious and intercepted him. The defendant was holding a plastic bag which he threw to the pavement. The plastic bag was retrieved by the police officers and in it the drugs, the subject of the charge, were found.
3. Upon being cautioned by the police officers, the defendant asked for a chance and claimed the cocaine was for his own consumption only. He said that he had met an acquaintance coincidentally that day and that he was through that acquaintance able to purchase the drugs for a relatively cheap price of $10,000. The street value of the drugs was in excess of HK$23,000.
4. At the time of his arrest, the defendant had with him $10.50.
5. The defendant has appeared before the court on three previous occasions but none of those convictions are drug-related offences. I am told that the defendant is 34 years of age. He was born in Manila but came to Hong Kong at a young age. He was educated to Secondary Form 3 level. He has had a number of occupations previously but more recently his occupation was acting as a courier for a domestic-helper agency, and from that employment, he earned a very modest salary of $3,500 per month. Unfortunately, the defendant is a cocaine addict, and to finance that addiction, he turned to trafficking in drugs.
6. The defendant, I am told by his counsel, is now aware of the very serious consequences for persons convicted of trafficking in dangerous drugs, and dangerous drugs cause enormous social problems in Hong Kong and elsewhere in the world, and the Court of Appeal here have laid down tariffs for dealing with those caught trafficking in dangerous drugs.
7. For trafficking in this quantity of drugs, the Court of Appeal have said that sentences of between 5 to 8 years are appropriate. I note that the defendant is a drug addict and that some of the drugs would have been for his own consumption. I have therefore decided to take a starting point at the lowest end of that sentencing band.
8. I take a starting point of 5 years’ imprisonment. The defendant is entitled to credit for his guilty plea. So that sentence will be reduced to a sentence of 40 month.
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