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DCCC 753/2017
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 753 OF 2017
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| Date: |
14th December 2017 at 12:15 pm |
| Present: |
Mr Louis FUNG, Counsel on Fiat, for HKSAR |
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Miss KAM Mei La Christina, of M/s K.B. Chau & Co
assigned by DLA for Defendant |
| Offence: |
[1] 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 pleads guilty to trafficking in a dangerous drug.
2. At around 2:05 a.m. on 10 June 2017, the police were on anti-narcotics duty on Heung Fan Liu Street, Tai Wai, Sha Tin, N.T. The Defendant was seen holding a bag and behaving in a suspicious manner. A search on him yielded 35 packets of a solid of 7.46 grams containing 6.95 grams of cocaine, $680 cash and 2 mobile phones.
3. The street value of the cocaine is about $20,624.
4. After arrest and caution he admitted trafficking in the cocaine for a monetary reward for he was heavily in debts due to gambling. In the subsequent video-recorded interview he repeated the same.
5. He is 43 years old, of F. 1 education level. He last worked as a part-time construction worker. He had 2 records for possession of dangerous drugs for unlawful trafficking in 1990 for which he received an overall sentence of 6 years. Given the long lapse of the time since then, I do not regard it as an aggravating factor in his sentence today.
6. In mitigation I am told that he intended to sell all packets of the cocaine, but if anything was left, he would consume it.
7. The sentencing guidelines for cocaine trafficking point to 2 – 5 years’ imprisonment for up to 10 grams (Attorney General v Rojas [1994] 1 HKC 342; R v Lau Tak Ming [1990] 2 HKLR 370).
8. I consider a starting point of 3 years 6 months. One-third off for his timely plea of guilty, the sentence is 2 years 4 months.
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