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DCCC 370/2015
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 370 OF 2015
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| Before: |
HH Judge Casewell |
| Date: |
21 August 2015 at 9.42 am |
| Present: |
Mr Shaun Kelly, Counsel on fiat, for HKSAR |
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Mr Wong Shun-yin Terry, instructed by Foo, Leung &
Yeung, 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. As far as sentence is concerned, the defendant is convicted effectively on his own plea for the offence of possession of a dangerous drug, in this case, a matter of 10.23 grammes of ketamine.
2. My reasons for conviction have already been outlined.
3. Following his conviction, I obtained reports upon the defendant.
4. During the trial, it was clear that the defendant had become addicted to drugs, both on his own evidence and also the evidence of his criminal record. He was placed in a Drug Addiction Treatment Centre in November of 2013, most recently.
5. The report that I have obtained on the defendant says he is now suitable for admission to a Drug Addiction Treatment Centre and there is a place available for him.
6. The sentencing principle in this case is that, I believe, while there is still the possibility of rehabilitation, clearly the court should be anxious to take that as a sentencing option, the reason for this being primarily, looking at this defendant, he is a criminal because of his drug addiction. Without that, one could be optimistic that criminal courts will never see him again.
7. So I will follow the recommendation contained in this report.
8. The sentence will be one of Drug Addiction Treatment Centre. Conviction be recorded.
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(T Casewell) |
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District Judge |
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