HKSAR v. Tang Yuen-faat
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DCCC573/2010 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO. 573 OF 2010 ----------------------
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------------------------------ Reasons for Sentence ------------------------------ 1.Defendant, you have pleaded guilty to a single offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134. 2.You admitted the brief facts and I convicted you. Those facts were as follows. 3.Shortly after midnight on 28 March last, you were stopped and searched by police outside Fu Shin Estate, Tai Po. Three plastic bags containing a total of 36.63 grammes of powder containing 24.29 grammes of ketamine were found in the front right pocket of your jeans. The street value is approximately $4,100. 4.You were arrested and cautioned. You admitted it was ketamine and claimed it was for your own consumption. You said you had purchased the dangerous drugs from an unknown male for $1,600. In fact you possessed the ketamine for trafficking. 5.Defendant, you are a person of hitherto clear record. In view of your relative youth and clear record, I adjourned sentence for a probation officer’s background report. I did not call for any other report as the amount of dangerous drugs called for an immediate prison sentence of some length. 6.Mr Tsang informs me that you accept the contents of that report. I, too, have read that report and take it into account when sentencing you. 7.On your behalf, Mr Tsang entered mitigation. He stressed your youth, being 17 years of age. I understand that you live with your parents and have a younger sister. Your parents are here today in court to support you. 8.Four letters were produced before me, which I have read. One letter is from yourself and is very positive and very sensible, if I may say so. You face up to what you have done and promise to reform and make good use of your time in prison. I hope that you will stick to that and emerge from prison with the resolve to reform yourself totally. There are also letters from your family, your counsellor and your employer. All speak well of you. 9.On your behalf, Mr Tsang stressed your plea of guilty, your youth and clear record. He realistically accepted you must face a substantial prison sentence. He asked me to be as lenient as possible. 10.I turn now to the sentence itself. In sentencing you, I have taken into account the nature of the charge, especially the amount of drugs involved; the mitigation placed before me, which includes the letters that have been presented; and the contents of the probation officer’s report. It is of some significance to me that your family are standing by you. 11.For this type of offence youth is of little assistance because to treat it as a mitigating factor would encourage ever-younger traffickers. I believe that you have been advised that the tariff for this offence is within the range of 4-6 years. 12.Taking all the factors into account, I intend to take a starting point at the lowest end of that range. The starting point I take is one of 4 years. That is reduced by one-third, because of your plea of guilty, to 32 months. 13.You will go to prison for 32 months. The time spent on remand will of course count towards that. 14.I finally wish you well for the future. I hope things turn out for you.
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