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HCCC 1/2013
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 1 OF 2013
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HKSAR |
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CHUNG Kin-man |
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| Before: |
Hon Andrew Chan J |
| Date: |
21 October 2013 at 10.06 am |
| Present: |
Mr Keith Oderberg, on fiat, for HKSAR |
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Mr Fu Chong-sang, instructed by Benjamin Au & Billy Chan, assigned by DLA, for the accused |
| Offence: |
Trafficking in a dangerous drug(販運危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The defendant pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance.
On the material day, the defendant was intercepted by police officers near his residence. In his trousers pocket, police officers found 100 packets containing 8.84 grammes of heroin.
A further search of his house uncovered a further 240 packets containing 33.8 grammes of heroin. A total of 42.6 grammes of heroin was seized and the value was estimated to be just over HK$48,000.
The defendant is 54 and unemployed. He has, among others, two trafficking in dangerous drugs records. This aggravates the present offence.
Guidelines on sentencing are clear. The starting point for trafficking 10 to 50 grammes of heroin is one of 5 to 8 years. Given his past similar convictions, the appropriate starting point in my view should be one of 7½ years’ imprisonment.
The defendant, of course, will be given the usual one-third discount for his plea.
In conclusion, the defendant is sentenced to 5 years’ imprisonment.
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