HKSAR v. Lau Yuk Sim

Case No.DCCC 1038/2009
Court
District Court
Date26 Feb 2010
Judge
Case Document
100%

DCCC1038/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1038 OF 2009

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  HKSAR  
  v.  
  Lau Yuk-sim  

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Before:   H H Judge Geiser
Date:  26 February 2010 at 12.37 pm
Present: Ms Chan Wan-ting, PP, of the Department of Justice, for HKSAR
Mr James McGowan, instructed by Ivan Tang & Co., 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. Defendant, you have been convicted after trial of trafficking in dangerous drugs, the drugs being cocaine and the quantity quite small, some 7.21 grammes of a solid containing 5.67 grammes of cocaine.  These drugs were contained in 25 small resealable plastic packets and you were found with them in your possession in Tsim Sha Tsui where no doubt you were going to sell them.

2. It is sad to see an otherwise decent lady of 45 years of age with no previous convictions to speak of to succumb to the temptation of drug abuse, both in consuming the drug and trafficking in it, no doubt to provide funds for feeding your habit.

3. The sentencing guidelines for trafficking in up to 10 grammes of cocaine is from 2 to 5 years' imprisonment.  I take as my starting point a sentence of 3 years' imprisonment but I am going to discount this by 6 months to take account of the fact that although you have been convicted after trial you have never sought to deny possession of these drugs.

4. Accordingly you will be sentenced to 2½ years' imprisonment.

  H H Judge Geiser
  District Judge