HKSAR v. Ko Chim Mong
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DCCC165/2010 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO.165 OF 2010 --------------------
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--------------------- Reasons for Sentence --------------------- The defendant was charged for trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs ordinance, Cap.134. The defendant pleaded guilty and admitted the facts, he was convicted accordingly. Facts At 4.55am on 10 December 2009, the defendant was driving a vehicle and was stopped for a snap check outside Tern Plaza. During a search on his vehicle the Police found and seized:
Under caution, the defendant admitted that the drug seized in the car was cocaine and he carried the drug for another person for a reward of HK$500. There are all together 62 plastic bags containing a total 19.84 grammes of solid containing 13.32 grammes of cocaine. Cocaine is a hard drug; I refer to the tariff in the case of Lau Tak-ming [1990] 2 HKLR 370. I consider the appropriate starting to be 5.5 years. The defendant aged 29, married, working as a bar tender before his arrest. He has a number of previous convictions, including 3 counts of trafficking of dangerous drugs and 3 counts of possession of dangerous drugs. The defendant was last released from DATC in July 2007, he claimed in his antecedent statement that he was not a drug addict and he admitted under caution that he conveyed the drugs in question for a reward. I do not accept the mitigation that small of the drug was for his own consumption. The defendant entitled to 1/3 discount for his plea. I do not consider there to be any mitigating factor called for further deduction. Order The defendant is sentenced to 44 months imprisonment.
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