HKSAR v. Shit Wai Lun

DCCC435/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 435 OF 2011

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to an offence of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2.You have admitted that on 10 February 2011, you had trafficked in 11.12 grammes of a solid containing 8.3 grammes of cocaine.  On that day in question, police officers saw you sitting in a private car and thought you appeared suspicious.

3.A body search was conducted upon you with no suspicious seizures.  However, at that time the police had with them a sniffer dog, called Murphy.  Murphy was then asked to conduct a check inside your car, he found the drugs in the car.

4.Three plastic bags containing the drugs were found inside the vent of the air-conditioner of the car which was situated near to and above the radio at the front near the front seat. Two of the plastic bags each contained 20 smaller plastic bags drugs, whilst the other plastic bag contained two plastic bags making a total of 42 plastic bags.

5.It is agreed by you the estimated street value of the drugs was $8,690.10.  You had admitted under cautioned that you purchased the drugs for $10,000 and were intending to sell the drugs at various pubs.

6.Mr Clarke, your solicitor, has made full and thorough mitigation on your behalf today.  He has a letter in mitigation written on your behalf by your ailing father.  In short, he said that you are a very self-disciplined, good-hearted and filial son who looks after him very well.  He was however diagnosed with lung cancer and he had refused hospital treatment.  He believes as a result of his refusal to receive treatment, it was your intention to make money, so as to help him with his medical illness and pay the bills.  Your father had asked me to be sympathetic with you and to give you as lenient a sentence as possible; otherwise, he might not have a chance to meet you again.

7.You are 37 years of age.  You will soon be 38 in August and have one previous conviction for possession of dangerous drug for which you were sentenced to Drugs Addiction Treating Centre in August 2010, that is exactly almost one year ago. 

8.Mr Clarke has rightly referred to the case of Lau Tak Ming, where the court have set down guidelines for trafficking in cocaine. You fall within the first bracket that is up to 10 grammes of narcotics.  A sentence of between 2 to 5 years shall be imposed after trial.

9.Defendant, taking into account the quantity of drugs which you had for trafficking and the mitigation put forward.  I take a starting point of 4 years’ imprisonment had I convicted you after trial.  Giving you full credit for your plead of guilty, that term shall be reduced to 2 years 8 months’ imprisonment, to which you are so sentenced.