HKSAR v. Fung Siu Hei
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DCCC201/2010 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO.201 OF 2010 --------------------
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----------------------------------- Reasons for Sentence ----------------------------------- The defendant was charged with one count of 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 is convicted accordingly. Facts At around 7;00pm the defendant was found sleeping alone inside the flat in question. In the presence of the defendant, a search was conducted in his bedroom. Inside a wooden drawer underneath his bed the following were found:
Under caution, the defendant admitted possession of the ‘Coke’ and intended to earn some quick money for he had a substantial amount of outstanding credit card debts. In December 2009, total retail value of those drugs amounted to approximately HK$15,577. Mitigation The defendant aged 23, at time of the offence he was 22, with one conviction record in 2003. The defendant was gainfully employed until September 2009; he committed the offence because of a substantial credit card debt. The family helped him to pay off the debt. After the offence, he was remanded until 25 February this year, thereafter he works as a transportation worker. The defendant came from a decent family and has full family support. The defendant’s father recently diagnosed with nasal cancer in third stage and currently undergoing treatment. The defendant has committed a serious offence; I do not consider the medical condition of the father amount to a mitigating factor. Cocaine is a hard drug; I refer to the tariff in the case of Lau Tak-ming [1990] 2 HKLR 370; in view of the defendant’s age at time of the offence and his positive changes since he released on bail, I take a lower starting point and consider 5 years is appropriate in his case. The defendant entitled to 1/3 discount for his plea. I do not consider there to be any further mitigating factor called for further deduction. Order The defendant is sentenced to 40 months imprisonment.
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