HKSAR v. Kwan Chi Wai

DCCC372/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 372 OF 2011

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Reasons for Sentence

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1.You pleaded guilty to one count of trafficking in dangerous drugs.

2.Facts revealed that on the 7 March this year, you were stopped and search by police in Soy Street, Mongkok, and found in your possession 60 packets of drugs, namely 9.95 grammes of a mixture containing 7.42 grammes of heroin.

3.You admitted that you helped someone to deliver the drugs to a park at Yung Shue Taufor sale and you would earn about HK$10 for each packet.

4.In sentencing you, I will take into account your plea of guilty and mitigation put forward by your counsel.

5.Your counsel suggested this court should adjourn the matter to next week pending for a letter from a priest, which hopefully will help this court in determining the appropriate sentence. 

6.As I suggested to your counsel, your plea of guilty is the strongest mitigation factor in this case and I don’t think the letter will assist this court any further.

7.The sentencing guideline for this kind of offence is clear, for this quantity of heroin the term of imprisonment is from 2 to 5 years.  I’ll take 3 years as a starting point because of your plea and I reduce it to 2 years.