HKSAR v. Chan King Fai

Case No.DCCC 1269/2010

Court

District Court

Date01 Apr 2011

Judge—

Case Document

100%

DCCC1269/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1269 OF 2010

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	HKSAR
	v.
	Chan King-fai

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Before:

Deputy District Judge A. Yuen

Date:

1 April 2011 at 12.21 pm

Present:

Miss Monica Chan, PP of the Department of Justice, for HKSAR
Mr William Allan, instructed by Paul Kwong & Co., for the Defendant

Offence:

Possession of a dangerous drug (管有危險藥物)

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Reasons for Sentence

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1.You pleaded guilty to one count of possession of dangerous drugs. Facts revealed that on 9 September last year you were intercepted by police outside Choi Fu House, Choi Ming Court of Tseung Kwan O. Upon searching, it was found in your possession a plastic bag containing 21.91 grammes of a mixture containing 11.88 grammes of heroin hydrochloride. You admitted that you had these drugs for your own consumption.

2.Before sentencing you, this court has asked for a DATC report which confirmed that you are a drug addict but not suitable for admission to DATC.

3.It is apparent that you were a deep-rooted drug addict. You had been to DATC on a number of occasions and clearly the treatment has no effect on you and that is why you were found not suitable for admission to the centre.

4.In sentencing you, I will take into account your plea of guilty and the mitigation put forward by your counsel. I also noted that although the quantity of drugs involved in this case is not a very large amount but still of a substantive quantity and therefore has the latent risk of you sharing the drugs with others. I will therefore take 18 months as a starting point and because of your plea, I will reduce it to 12 months.

	A Yuen
	Deputy District Judge