HKSAR v. Le Faat Hang

DCCC 95/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 95 OF 2011

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Reasons for Sentence

1.The Defendant pleaded guilty to a charge of possession of dangerous drugs, namely:-

(a) 1.98 grammes of a solid containing 1.48 grammes of cocaine; and

(b) 9.07 grammes of a powder containing 7.01 grammes of ketamine.

Facts

2.The Defendant was spotted sitting in the driver seat and the car was blocking the road.  The Police stopped him and found the drugs in his trousers pocket.

3.The street value of all the drugs is about HK$3,000. He also had $5,000 with him.

4.Under caution: he said that the drugs were for his own consumption, he bought the drugs in bulk for cheaper price.  It costs him $3,000.  He stopped the car there just to take a rest and intended to buy food to eat.

Criminal Record

5.

9/2007	Possession of DD	Fined $1,500
5/2009	Possession of DD	DATC

Mitigation

6.24 years old.  All his siblings moved away from home.  He is the bread winner of the family as his parents have retired and his father is a cancer patient.  He used to work as an air-conditioning technician. He obtained a $40,000 loan from a financial institution and used $10,000 to purchase the car in question and some of money was used to buy the drugs in question.

Sentence

7.The DATC report said that the Defendant started to take ketamine in 2003, cocaine in 2009.  Although he has been to the DATC previously, he is still a drug dependent.  The Defendant hoped to kick off his vice habit this time.  The DATC recommended that he should receive another treatment.

8.I adopted the DATC recommendation, the Defendant is sentenced to DATC with conviction be recorded.